Bojam Pty Ltd v Play Hard Entertainment Pty Ltd

[2009] QDC 183

[2009] QDC 183

DISTRICT COURT
JUDGE ROBIN QC
No D273 of 2008
BOJAM PTY LTD
ACN 124 837 136

AS TRUSTEE FOR THE JAMES FAMILY TRUST	Plaintiff
and
PLAY HARD ENTERTAINMENT PTY LTD	First Defendant
ACN 106 759 791 and ALLAN WILLIAM THOMPSON And GRANT ALEXANDER POTTER MAROOCHYDORE ..DATE 19/06/2009	Second Defendant
Third Defendant

1-1

HIS HONOUR: The Court has made an order in terms of a draft

1

which, as amended, provides as follows:

1. That personal service upon the third defendant be

dispensed with.

10

2. An order for substituted service of the claim and
statement of claim in these proceedings on the third defendant
pursuant to rule 116 of the Uniform Civil Procedure Rules by

prepaid ordinary post together with a copy of this order to:

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(a) 74 Lakeside Drive, Joondalup, Western Australia 6027; and

(b) 74A Lakeside Drive, Joondalup, Western Australia 6027.

3. The third defendant's mother be informed, by telephone if

her address cannot be ascertained, that the Court has made an	30
order permitting service on him of a District Court proceeding by posting to those two addresses.
4. The third defendant be likewise informed by telephone or,
should attempts in that regard be unavailing, by sending a	40
text message to his mobile telephone number.

5.    Such service be deemed effective 50 days after the above

steps are taken.

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6.    That the plaintiff's costs of and incidental to this

application be reserved.
The claim is a relatively modest one, not much in excess of 1-2 ORDER 60

1

the Magistrates Court jurisdictional limit. The third
defendant is said to have played a part, along with the second
defendant, as the actual operator of the affairs in the
exercise of the management rights relating to a home unit

complex known as Raffles Mooloolaba in circumstances where the	10
men would have had - or are thought to have been in a position of having - reliable information about the trading, which the plaintiff says was misrepresented to it.
It is probably in the interests of the other defendants to	20
have the third defendant, who, to this point, hasn't been able to be served, in the proceeding. They haven't appeared although they have been apparently served with the application for substituted service.
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The alternative addresses referred to in the order relate to
conflicting versions of the address, one from the third
defendant's mother. She resides at New Zealand, is that
right? That's where one of them comes from. The other comes
from a lady who lives nearby who gave an address to the	40
process server as that of Mr Potter. He has fly-in, fly-out
employment at a mine in Western Australia now, which is said
to involve a roster of four weeks on and four weeks off. He
is only occasionally at the residence in Joondalup. Those
circumstances mean that special provision ought to be there to	50
give adequate time to Mr Potter, should documents get to
Joondalup at a time when, say, he has just left for another
stint at the mine.

1-3 ORDER 60

I thought it prudent in the circumstances to take advantage of the means of contact of which the plaintiff and her solicitors have garnered knowledge as an additional way of giving some

satisfaction to the Court that all that reasonably can be done

to bring the proceeding to Mr Potter's notice is implemented.	10
Thank you.

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1-4 ORDER 60