Key Facts:

• Secure Energy initiated legal action on April 15, 2021.
• Lone Star Pipe & Supply LLC was served with an Amended Statement of Claim in November 2022. Lone Star did not respond, leading to it being noted in default.
• Secure appealed the decision of the Applications Judge who set aside this default.

Issue on Appeal:

The appeal focused on whether Lone Star had a "reasonable excuse" for failing to defend itself in time.

Court’s Reasoning:

• Lone Star claimed it did not monitor its registered office in Texas, where the claim was served.
• Justice Kubik found no credible evidence to support Lone Star’s claim that it was unaware of the lawsuit.
• Evidence showed that Lone Star’s managers and members had received notifications of the claim.
• The court determined that failing to monitor the registered address was not a valid excuse.

Conclusion:

The court allowed Secure Energy’s appeal, maintaining the default judgment against Lone Star. Secure was awarded costs.