Kanapathy v in de Braekt & Anor

The matter in the Supreme Court of Victoria between Kanapathy and de Braekt involved a dispute where the applicant alleged unlawful discrimination on the basis of race. The applicant sought an order for substituted service of the proceedings on the first respondent, who was difficult to locate. The legal issues that the court had to address included whether the proposed method of substituted service would effectively bring the proceedings to the attention of the first respondent, considering the difficulty in locating them, and whether such service complied with the rules and principles of natural justice.

The court considered the evidence presented and the difficulties in locating the first respondent. It was noted that the first respondent had provided an email address and a facsimile number, and the proposed substituted service involved sending documents to these contact details. The court concluded that given the difficulty in locating the first respondent, the proposed means of substituted service were appropriate and likely to bring the proceedings to their attention. The court found that this method complied with the principles of natural justice and granted the application for substituted service.

Accordingly, the court ordered that service be effected on the first respondent by facsimile and email by a specified date, with an affidavit of service to be filed by a later date. The matter was adjourned to a later date, and the costs associated with the substituted service were reserved for the adjourned directions hearing. The court's decision ensured that the applicant's right to access the court was not unduly hindered by the difficulty in locating the first respondent, while also protecting the first respondent's right to be properly served and to respond to the proceedings.