Bunnings Group Ltd v Inter Urban Resources Pty Ltd
[2010] QDC 52
•15/02/2010
[2010] QDC 52
DISTRICT COURT
CIVIL JURISDICTION
JUDGE ROBIN QC
No 2543 of 2009
| BUNNINGS GROUP LIMITED AND ANOR | Plaintiffs |
| and | |
| INTER URBAN RESOURCES PTY LTD AND OTHERS | Defendants |
BRISBANE
..DATE 15/02/2010
ORDER
CATCHWORDS
Uniform Civil Procedure Rules r 116
HIS HONOUR: Order as per initialled draft. That allows substituted service of a claim in which judgment has already been obtained against the first defendant company upon the second defendants, who are sued as guarantors.
It seems inescapable that by roles they play or played in the company they are fully aware of the proceeding. Whether by accident or design they have caused confusion by nominating, on different occasions, multiple addresses for themselves in the same street. When the process servers have attempted to use those addresses they've had no joy at either.
It's a clear case where rule 116 ought to be used to permit service by post and also by hand delivery to those addresses of the proceedings to be served together with a copy of the Court's order. Orders as per initialled draft.
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