Australia and New Zealand Banking Group Ltd v Ryan & Mann

[2006] QDC 21

[2006] QDC 021

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No BD3269 of 2005

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (ACN 005 357 522)	Plaintiff
and
PETER FRANCIS RYAN	First Defendant
and
LENORE KAREN MANN	Second Defendant

BRISBANE

..DATE 03/02/2006

ORDER

CATCHWORDS: Uniform Civil Procedure Rules r 116 - order in application "on the papers" for substituted service of a defendant resident in a secured high-rise apartment block in face of difficulties encountered in meeting him for service.

HIS HONOUR:  This is an application "on the papers" for an order for substituted service on the first defendant.  The affidavit material shows that he has changed his residence from one "secured high-rise apartment block" at Main Beach on the Gold Coast to another.  It is proving difficult for the process server to effect service. 

Such verbal contact as he has achieved - likewise, such verbal contact as the plaintiff's solicitor has achieved - is never followed up by return contact from Mr Ryan who, it seems, is unlikely to be physically available for service by ordinary, reasonable efforts.  An order for service in another way pursuant to rule 116 is therefore appropriate. 

A draft order has been provided which contemplates service by "leaving a copy of the claim" with the manager at the new residential address and "forwarding a copy of the claim by ordinary pre-paid mail" to that address.  The order, as initialled by me to indicate the Court's imprimatur, contains three amendments:  the word "also" is added at the end of (a) to make it clear that both modes of service are required.

In addition, since the order deals with service of the claim and statement of claim, I have inserted in each of (a) and (b) after the word "Claim" the following:  "and statement of claim, together with a copy of this order".  Order as per initialled draft, which incorporates the above changes.

-----