Commonwealth Bank of Australia v Barber

[2013] QDC 224

[2013] QDC 224

DISTRICT COURT OF QUEENSLAND

CIVIL JURISDICTION

JUDGE ROBIN QC

No. 3491 of 2012

COMMONWEALTH BANK OF AUSTRALIA  Plaintiff

and

BARBER  Defendant

BRISBANE

11.43 AM, TUESDAY, 21 MAY 2013

JUDGMENT

CATCHWORDS

Uniform Civil Procedure Rules 116

Application “on the papers” for substituted service by post to the defendant at his established address, he apparently evading service

HIS HONOUR:   This is an application by the plaintiff bank, proposed to be dealt with without an oral hearing, seeking an order for substituted service of the claim and a statement of claim under rule 116.  The claim is the common one for recovery of possession of mortgaged premises, and for judgment for the amount of arrears under loan arrangements secured by the mortgage.  The premises are in Lather Street, Southport.  Despite repeated attempts, the plaintiff’s process servers have failed to effect service.  The material presents a strong case that the address of the mortgaged premises is the appropriate one which to effect service.  The defendant is the registered proprietor; she’s shown in a very recent search in valuation records as still the owner; the electoral roll shows this as her address.  Contact has been made with her by mobile telephone at a particular number.  She’s confirmed that that is her address, but stated that she’s rarely there, which appears to be the case.  On one occasion the process servers found a woman at the premises who slammed the door in the face of the person attempting to effect service.  Repeatedly, the person I would presume to be the defendant, contacted telephonically, has made arrangements to be at the premises for service at particular times and reneged.  There’s good reason to think she is avoiding service.  The circumstances are appropriate ones for the court to make an order.  I’ll initial the draft supplied under rules 490(1)(b) hearing completed the other details, and make an order accordingly.  Order as per initialled draft.   

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