“What we have here is an appeal Court, after hearing one side in the absence of the other party and then giving judgment, subsequently allowing the appeal to be re-opened on the application of the other party which had not been heard, and when it is so acting we do not see that once the Court allows the matter to be re-opened it can be so doing otherwise than by setting aside its earlier judgment, whether or not it so states. An appeal may be re-opened after judgment where one side did not appear before judgment. On re-opening the audi alteram partem rule means that argument starts de novo with the appellant beginning even if the previous default judgment was in his favour. In such a case the decision to re-open must, in our view, involve setting aside the default judgment.”
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