evans v bartlam

Though a judgment in default is regularly obtained, the court still possesses the unfettered discretion to set it aside. The test to be applied for such evaluation is that of Lord Atkin in the case of Evans v. Bartlam [1937] AC 473. On the present facts, there was no evidence that the defendant had ever complained of short supply to the plaintiff. Every delivery note, with the amount of diesel supplied listed thereon, were duly signed and acknowledged by the defendant as true and correct. The defendant had opportunity to check the quantity before acceptance. By acknowledging on these delivery notes the defendant was deemed to have accepted the amount supplied as correct. Merely claiming short supply, even in police reports, lodged by the defendant, was insufficient to satisfy the court that there was merit to warrant a setting aside of the default judgment.