Irregular Judgement


In Farrow Mortgage Services Pty Ltd v Victor Tunevitsch Pty Ltd, Victor Valentine
ValentineTunevitsch and Virginia Kaye Tunevitsch No 1383/1991 Judgment No. A56/1994, at Para
14:

"Most cases of irregular judgments fall into two categories. One category is when a plaintiff obtains a judgment in circumstances where he or she is entitled to no judgment whatever. Examples include a judgment in default of appearance or defence when < either the writ has not been served or the statement of claim has not been delivered, or the time for the appearance or defence has not expired. Courts have almost always set aside such a judgment upon the basis that a defendant is entitled to an order setting it aside ex debito justitiae. The judgment is treated as a proceeding which is void or a nullity rather than one which is merely irregular. A void proceeding is of no legal effect and cannot be cured by amendment.
Anlaby v Praetorius at 768-9;Craig v Kanssen (1943) KB 256 at 259.