Clear Mountain Fairview Pty Ltd v Wade

[2010] QDC 51

[2010] QDC 51

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 927 of 2008

CLEAR MOUNTAIN FAIRVIEW PTY LTD	Applicant
and
DAWN WADE	Respondent

BRISBANE

..DATE 15/02/2010

ORDER

CATCHWORDS

Uniform Civil Procedure Rules r 116

Substituted service of claim - some indication of "consent" by defendant

HIS HONOUR:  The Court has made an order in terms of the initialled draft providing for substituted service of the claim.  The circumstances are unusual.  The defendant has been actively litigating in New South Wales using the same firm of solicitors whose offices are the proposed address for substituted service by post, along with a residential address which has been identified by search of Federal Court proceedings.  This has been a long history, including attempts at service on the solicitors identified who have responded that they don't have instructions to accept service.

Mr Ray, who dispatched documents inviting execution to signify consent, has received back, and exhibited to his new affidavit, a fax which appears to be signed by the defendant.  It's unclear whether the document, which has been signed and returned to Mr Ray in that way, was received pursuant to communications to the solicitors or to the residential address thus, it's appropriate for both to remain in the order.

A document apparently signed by the defendant, in the material before the Court, essentially acknowledges the indebtedness asserted by the plaintiff, and indicates that there's no consent to "order 2" as sought.  That would require the defendant to pay costs.  In deference to that special note, Mr Ray has offered an alternative costs order which is the one the Court makes whereby costs will be his client’s in the cause. 

‑‑‑‑‑