Deputy Commissioner of Taxation v Warren

[2009] QDC 361

[2009] QDC 361

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 3030 of 2008

DEPUTY COMMISSIONER OF TAXATION	Applicant
and
ROB ROY WARREN	Respondent

BRISBANE

..DATE 14/10/2009

ORDER

CATCHWORDS

Uniform Civil Procedure Rules r 105,116

Substituted service ordered after twelve unsuccessful attempts at personal service at premises which appeared to be the defendant's residence

HIS HONOUR:  The Court makes an order in terms of the initialled draft which dispenses with the requirement for personal service of the claim and statement of claim under rule 105 and grants leave pursuant to rule 116 for service by post and also by independent delivery to the defendant at his residence at 15 Scarlett Street Burpengary.

The Court can be confident in describing the premises as the defendant's residence.  There's a wealth of material relating to his driving licence, motor vehicles registered in his name and the business he appears to run, to establish that the place is his residence.  The affidavits regarding attempted service by Mr Whelan cover a dozen occasions from the 3rd of November 2008 to the 24th of August 2009 when service has been attempted.  On occasions there's been reason for it to be concluded that service is being avoided.

If the matter proceeds to a default judgment, then an onus will switch to the defendant to establish that service on him was not effective and that, if appropriate, he ought to be let in to defend the proceeding.  That seems to me a reasonable basis on which to proceed.  Plaintiff ought not be put to inordinate trouble to effect service.  It's surely going to come as no surprise to the defendant that it's asserted by the plaintiff that he has income tax liabilities.

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