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  • Unreported Judgment

T G Wright Management Services Pty Ltd v McVeigh

 

[2002] QSC 279

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 160 of 2002

T G WRIGHT MANAGEMENT SERVICES PTY LTD

First Applicant

(ACN 081 642 480) (in liquidation)

 

and

 

DEAN ROYSTON McVEIGH

Second Applicant

and

 

ELENA STEVENS

Respondent

CAIRNS

DATE 15/08/2002

JUDGMENT

HIS HONOUR: This matter has been relisted at the request of the applicants because they were unable to serve the respondent in accordance with the terms provided for service in my order of the 23rd of July 2002.

The applicants now seek, firstly, leave to amend the application to include the appointment of a receiver to the properties, which would then make unnecessary the fulfilment of the order which I had previously made.

This application is based on the fact that when service was attempted at the post office box in accordance with my previous order, the applicants were advised that the post office box had closed. This, it is argued, is the last step in a number of actions by the respondent to avoid service or to avoid meeting the applications which have been made.

I will not grant the application for leave to amend because I would see an amendment of that kind requiring further service on the respondent and because it is unlikely to achieve any further benefit for the liquidator beyond what is achieved by the order, save for the advantage of the liquidator being in control of the sale of the property rather than leaving that task to the mortgagee in possession.

Not being of a mind to allow the amendment to the application, the question arises as to the variation of the terms of the existing order to allow a further opportunity for service on the respondent, and to extend the operation of the orders to give the respondent an opportunity to be heard. This will require an extension of the stay period of the order and also of the time within which the respondent may indicate a wish to be heard.

I propose that the order relating to service be varied by providing for personal service on the respondent but also for substituted service on her husband, Mr Alexander Sokolovski, at the Salvation Army Shelter, Jacana in the State of Victoria, subject to it being established that Mr Sokolovski is still residing with his wife.

The consequence then of this approach will be to order that my order of the 23rd of July 2002 be varied:—

  1. In paragraphs 2, 3, 5 and 8, by deleting the word “August” wherever it appears and substituting in lieu thereof the word “September”.
  1. In paragraph 6 by deleting the words of that paragraph and substituting in lieu the following:

“6.A copy of this order be served on the respondent by personal service or by service on Alexander Sokolovski care of the Salvation Army Shelter, Jacana in the State of Victoria upon it being established that he is residing with or knows the whereabouts of the respondent.”

The costs of and incidental to this application will be reserved.

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Editorial Notes

  • Published Case Name:

    T G Wright Management Services Pty Ltd v Dean Royston McVeigh

  • Shortened Case Name:

    T G Wright Management Services Pty Ltd v McVeigh

  • MNC:

    [2002] QSC 279

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    15 Aug 2002

Litigation History

No Litigation History

Appeal Status

No Status