Goddard and Lee v Cummings, Hoyer and Hoyer

[2014] QCAT 237

CITATION: Goddard and Lee v Cummings, Hoyer and Hoyer [2014] QCAT 237

PARTIES:	Cliff Goddard and Mee Wun Lee (Applicants)
v
Sarah Cummings Raymonde William Hoyer Susan Joy Hoyer (Respondents)

APPLICATION NUMBER: MCDO243-13

MATTER TYPE: Other minor civil dispute matters

HEARING DATE: On the papers

HEARD AT: Holland Park

DECISION OF: Adjudicator Hughes

DELIVERED ON: 3 March 2014

DELIVERED AT: Holland Park

ORDERS MADE:

1.    Application for substituted service refused; and

2.    Personal service to be effected on last known address.

CATCHWORDS:

SERVICE – where application for substituted service – where applicant searched electoral roll – where electoral roll search revealed respondents’ address - where minor debt claim requires personal service - where no evidence of personal service being impracticable - whether any basis for substituted service

Queensland Civil and Administrative Tribunal Act 2009 (Qld) Schedule 3
Queensland Civil and Administrative Tribunal Rules 2009 (Qld) Rules 38 and 40 and Schedule

Bonel v. Sutton & Anor [2013] QCAT 414

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. On 25 February 2014 and 27 February 2014, Professor Cliff Goddard and Ms Wee Wun Lee applied for substituted service on Raymonde William Hoyer and Susan Joy Hoyer.

2. Their applications relevantly state:

   That on a search of the Queensland Electoral Roll we discovered the address for the above-named respondents. They both live at 26 Arcadia Boulevard, Pimpana (sic) 4209 QLD.

   We wrote to the Hoyers’ last known lawyers previous to the search, asking that they provide to either the tribunal or to us the last known address of the Hoyers and to date we have not heard from them.

3. Ms Lee’s supporting affidavit sworn 27 February 2014 relevantly states:

   On 17 February 2014, I went to the Office of the Electoral Commission Queensland at Level 6, Forestry House, 160 Mary Street, Brisbane. I made a search on their computer database for the addresses of all the Respondents. The results are that Raymond Hoyer and Susan Hoyer are listed as residents of 26 Arcadia Boulevard, Pimpana (sic) 4209, Qld…

4. The only basis for the Tribunal’s jurisdiction (if any) is that the original application is for a liquidated amount of $2748.45 and therefore a minor debt claim.[1] Service must therefore be effected personally.[2]

   [1]Queensland Civil and Administrative Tribunal Rules 2009 (Qld), Schedule definition of “minor debt claim” and Queensland Civil and Administrative Tribunal Act 2009 (Qld), Schedule 3 definition of “minor civil dispute” and Bonel v. Sutton & Anor [2013] QCAT 414 at paragraphs [11] to [18].

   [2]In accordance with the Queensland Civil and Administrative Tribunal Rules 2009 (Qld), Rule 38 and QCAT Practice Direction No. 8 of 2009.

5. The Tribunal may order substituted service if it is impracticable to give a document in a way provided under an enabling Act or the Queensland Civil and Administrative Tribunal Rules 2009 (Qld).[3]

   [3]        Queensland Civil and Administrative Tribunal Rules 2009 (Qld), Rule 40(1).

6. Professor Goddard and Ms Lee provide no evidence of whether or why it is impracticable to effect service personally[4] on Mr and Ms Hoyer at the address they have referred to in their application and supporting affidavit. There is therefore no basis for an order for substituted service.

   [4]In accordance with the Queensland Civil and Administrative Tribunal Rules 2009 (Qld), Rule 38 and QCAT Practice Direction No. 8 of 2009.

7. The appropriate Orders are:

   1.Application for substituted service refused; and

   2.Personal service to be effected on last known address.