Middencorp Electric Pty Ltd v Intelligent Infrastructure Solutions Pty Ltd and others

Middencorp Electric Pty Ltd filed a claim against Intelligent Infrastructure Solutions Pty Ltd and others in the Queensland Civil and Administrative Tribunal. The nature of the dispute involves allegations of breach of contract and associated damages. The defendants were initially served with the claim documents in a manner not compliant with legal requirements, leading to an application for substituted service. The matter was brought before the tribunal to determine if the application for substituted service should be granted.

The legal issues central to the case revolved around the admissibility of affidavit evidence sworn on information and belief in the context of an application for substituted service. The tribunal needed to decide whether there exists a discretion to proceed based on such evidence and, if so, whether this discretion should be exercised in this instance. The court's decision hinged on whether the evidence provided, despite being inadmissible, could sufficiently justify the granting of the application.

The tribunal found that the affidavit evidence, being on information and belief, did not meet the necessary standard for admissibility. The court emphasised the importance of strict adherence to legal protocols in service of process. While acknowledging the potential for discretion in exceptional circumstances, the tribunal concluded that the circumstances presented did not warrant such an exercise of discretion. Consequently, the application for substituted service was dismissed, affirming the necessity for strict compliance with legal requirements for service of process.