Williams, Norman v Townsend, Gloria (Deceased, Christopher Townsend, Administrator ad litem) and Carlton Hutchinson

Application to set aside default judgment – Alleged failure to serve claim form - Whether a delay in filing the application should result in the failure of the application – Whether the defendant has a defence which has a realistic prospect of success - Whether a draft defence attached to an affidavit is sufficient – Hearsay
evidence in affidavit – Need to specify source(s) of information and belief - Prejudicial effect of evidence outweighing its probative value -  Section 31L of the Evidence Act - Eyewitness account in affidavit – No indication if said eyewitness is/will be expected to testify for the defendant at trial - Burden and standard of proof where there is a dispute as regards whether a claim form has been served - Court’s assessment of conflicting witnesses’ accounts – Credibility of witnesses – Whether the court has power to waive service of a claim form – Consideration of general power of the court - General powers of the court to remedy procedural defects – Inability of the court to cure a procedural defect where the rules of court provide a
sanction for that defect – Statutory interpretation - Generalia specialibus non derogant.