Mercedes-Benz Financial Services Australia Pty Ltd v Schuttloffel
[2010] QDC 468
•14 September 2010
[2010] QDC 468
DISTRICT COURT
CIVIL JURISDICTION
JUDGE SAMIOS
No 948 of 2010
| MERCEDES-BENZ FINANCIAL SERVICES AUSTRALIA PTY LTD | Plaintiff |
| and | |
| ALEXANDER JOHN SCHUTTLOFFEL | Defendant |
BRISBANE
DATE 14/09/2010
ORDER
HIS HONOUR: This is an application for an order for substituted service. The amended claim and amended statement of claim were filed on the 25th of May 2010. This application has been filed 24 August 2010.
As the evidence indicates, I am satisfied the defendant is avoiding personal service of the amended claim and amended statement of claim.
I am satisfied the plaintiff has made all reasonable attempts to serve the defendant in the usual way.
It has become impractical to effect personal service of the amended claim and amended statement of claim upon the defendant as the defendant has not made himself available to accept service of the documents. In those circumstances, I am of the view that the proposals for service of the documents upon the defendant are likely to bring the documents to the defendant's attention.
There will therefore be an order as per the draft initialled by me and left with the papers and the Registrar will forward to the solicitors for the plaintiff a copy of these reasons and the appropriate order.
-----
0
0
0