Ask Funding Ltd v Ligi Lee Chiu

[2011] QDC 148

[2011] QDC 148

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 136 of 2011

ASK FUNDING LIMITED (ACN 094 503 385)	Plaintiff
and
LIGI LEE CHIU	Defendant

BRISBANE

..DATE 12/07/2011

ORDER

CATCHWORDS

Uniform Civil Procedure Rules 1999, r 116

Substituted service ordered on defendant's local solicitors in accordance with his repeated advice, notwithstanding solicitors' assertion their retainer did not extend to accepting service - defendant overseas

HIS HONOUR:  The Court makes an order in terms of the initialled draft.

It relieves the plaintiff from the embarrassing consequences of having limited its costs claim to "$1,615 for costs of issuing the claim and the statement of claim."  That is changed to the simply expression "costs."

It also permits substituted service of the claim and statement of claim on a Gold Coast solicitor in circumstances where it's made to appear that the defendant has left her address on the Gold Coast and moved to another address where, indeed, the process server found her the day after his unsuccessful attempt to serve her at the known address.  Unfortunately, he apparently wasn't in a position to effect service on that day.

There appears to have been no difficulty until recent times in telephone contact being made with the defendant who has advised that a nominated solicitor on the Gold Coast who's attending to various matters for her should be served.  He says that his retainer doesn't extend to accepting service of Court process.  The defendant has renewed her instructions to the plaintiff that he should be served.  She's presently out of the country in Taiwan and unable to say when she'll be returning.

In the circumstances, it seems appropriate to order service on a solicitor who, whatever the terms are of his retainer in his view, appears to be in regular contact with the defendant.

Order as per initialled draft.

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