JUDGMENT

Evrol Mariette Peters JC:

Introduction

[1] This was an application ("this Application") by the Defendant to set aside the judgment in default ("the JID") dated 26 March 2020, which was entered against it pursuant to its failure to enter appearance.

The Background Facts

[2] The Plaintiff filed an action against the Defendant for breach of payment terms in a joint-development agreement ("the Agreement") dated 7 November 2016 (exhibited as ZRT-1 of the affidavit of service dated 17 March 2020, attached to exhibit C of the Plaintiff's affidavit in reply affirmed on 23 September 2020), entered into between the parties. The Writ of Summons and Statement of Claim were served on 3 March 2020 at the Defendant's registered addresses.

[3] The Defendant failed to enter appearance, and pursuant thereto, JID was entered against it, and served on 17 April 2020, also at the Defendant's registered addresses.

[4] The Defendant then filed this Application on 28 August 2020, which was dismissed for the following reasons.

The Applicable Law

[5] The approach of the Court when considering an application to set aside a judgment in default is that the Court must first ascertain if the judgment in default i