Ischebeck Titan (Australia) Pty Ltd v Formconnect Pty Ltd
[2024] QDC 48
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- Unreported Judgment
- Ischebeck Titan (Australia) Pty Ltd v Formconnect Pty Ltd[2024] QDC 48
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Ischebeck Titan (Australia) Pty Ltd v Formconnect Pty Ltd[2024] QDC 48
Ischebeck Titan (Australia) Pty Ltd v Formconnect Pty Ltd[2024] QDC 48
DISTRICT COURT OF QUEENSLAND
CITATION: | Ischebeck Titan (Australia) Pty Ltd v Formconnect Pty Ltd & Anor [2024] QDC 48 |
PARTIES: | ISCHEBECK TITAN (AUSTRALIA) PTY LTD ACN 613 583 369 (plaintiff) v FORMCONNECT PTY LTD ACN 627 646 388 (first defendant) and MARCUS TROY LAUKKANEN (second defendant) |
FILE NO/S: | 493 of 2024 |
DIVISION: | Civil |
PROCEEDING: | Application filed 22 March 2024 |
ORIGINATING COURT: | District Court |
DELIVERED ON: | 5 April 2024 (on the papers) |
DELIVERED AT: | Brisbane |
HEARING DATE: | 5 April 2024 |
JUDGES: | Andreatidis KC DCJ |
ORDER: |
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CATCHWORDS: | CIVIL PROCEDURE – INFORMAL SERVICE – where the plaintiff emailed a copy of the claim and statement of claim by way of service to the first defendant – where the first defendant replied and requested a payment plan – where the plaintiff seeks an order for informal service |
LEGISLATION | Uniform Civil Procedure Rules 1999 (Qld), r 117 |
SOLICITORS: | Romans & Romans Lawyers for the plaintiff No appearance for the defendant |
Introduction
- [1]The plaintiff commenced proceedings against the defendant by claim and statement of claim filed 22 February 2024.
- [2]The plaintiff seeks an informal service order pursuant to r 117 of the Uniform Civil Procedure Rules 1999 (Qld).
- [3]On 22 February 2024 at 3.26pm, the solicitors for the plaintiff sent a copy of the claim and statement of claim by way of service to an email address “[email protected]”.
- [4]On 22 February 2024 at 4.04pm an email was sent from Marcus Laukkanen, from the email address identified above, to the solicitors for the plaintiff acknowledging, in effect, receipt of the documents and asking to start a payment plan.
- [5]I am satisfied that the claim and statement of claim were not served as required by Chapter 4 of the Uniform Civil Procedure Rules as personal service was not effected.
- [6]I am satisfied that the claim and statement of claim came into possession of the person to be served. I am satisfied that the claim and statement of claim came into possession of the second defendant by no later than 4.04pm on 22 February 2024.
- [7]Rule 103 of the Uniform Civil Procedure Rules provides that if a document is served on a person after 4pm, it is taken to have been served on the next day. Since I cannot be satisfied that the document was in the possession of the first defendant before 4pm, service is taken to have been effected on 23 February 2024.
- [8]Accordingly, the orders I make are:
- 1.Pursuant to r 117 of the Uniform Civil Procedure Rules 1999 (Qld), service of the claim and statement of claim filed 22 February 2024 is taken to be effected on the second defendant on 23 February 2024.
- 2.Costs reserved.