Suncorp Metway Ltd v Agnew
[2015] QSC 195
To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Exit Distraction Free Reading Mode
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
- Unreported Judgment
- Suncorp Metway Ltd v Agnew[2015] QSC 195
- Add to List
Suncorp Metway Ltd v Agnew[2015] QSC 195
Suncorp Metway Ltd v Agnew[2015] QSC 195
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO: | |
Trial Division | |
PROCEEDING: | Application |
DELIVERED ON: | 6 July 2015 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 2 July 2015 |
JUDGE: | Jackson J |
ORDER: | The order of the court is that:
|
CATCHWORDS: | PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER THE UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – SERVICE – where the applicant sought to personally serve the originating process on ten separate occasions on the respondent – where the applicant was unsuccessful in personally serving the respondent – whether the court should order substituted service on the respondent Uniform Civil Procedure Rules 1999 (Qld), rr 105, 106, 116 |
COUNSEL: | Hearing on the papers |
SOLICITORS: | Mills Oakley Lawyers for the plaintiff |
[1] JACKSON J: The applicant is the plaintiff in the proceeding. It claims recovery of possession of land from the defendant and payment of monies due and owing pursuant to a mortgage dated 2 September 1994.
[2] On 25 June 2015, the applicant filed an application to dispense with the requirement for personal service under r 105 of the Uniform Civil Procedure Rules 1999 (Qld) (“UCPR”).
[3] Rule 105 UCPR requires service of an originating process must be served personally on the person intended to be served. Service under r 105 UCPR is to be made in accordance with r 106 UCPR.[1]
[4] Where a party is unable to personally serve another party the rules provide for substituted service under r 116 UCPR.
[5] The applicant has conducted property searches which reveal that the respondent’s address is 12 Bushland Street, Boondall Queensland 4034. The applicant engaged agents to effect personal service of the Claim and Statement of Claim on the respondent. The agents attempted service at the respondent’s address on ten separate occasions.
[6] Those occasions are as follows: 21 March 2015; 30 March 2015; 7 April 2015; 9 April 2015; 11 April 2015; 11 May 2015; 12 May 2015; two occasions on 13 May 2015 and 18 May 2015.
[7] The evidence suggests that the respondent lives at the address. The applicant’s first process server, Mr Glen Harvey, noticed that there was current mail addressed to the respondent in the mailbox. Mr Harvey also spoke with a female neighbour who confirmed that a man named “Wayne” lived at the address.
[8] The applicant has conducted a search on the Australian Securities and Investments Commission database and made inquiries whether rates notices of the property were sent to the property addressed to the respondent.
[9] These searches confirm the address of the respondent obtained on the title search of the property.
[10] Further, the applicant’s agents and solicitors have attempted to contact the respondent on a telephone number which went to a voice message for “Wayne”. The Yellow Pages list a person by the name of “W Agnew” in Boondall with a pest control business under that number
[11] In my view, the applicant has sufficiently demonstrated that the requirement of personal service under r 105 UCPR should be dispensed with. It follows that substituted service should be ordered in the terms as provided in the applicant’s application, except that the costs should be the applicant’s costs in the proceeding.
Footnotes
[1] Uniform Civil Procedure Rules 1999 (Qld), r 106.