Miller v Sunland Park Pty Ltd

Miller, the applicant, sought to set aside a default judgment entered against him in favour of Sunland Park Pty Ltd, the respondent, in the District Court of Queensland. The dispute arose from an alleged breach of a commercial lease agreement. Miller contended that he had not been properly served with the originating process and that the default judgment had been irregularly obtained.

The primary legal issue before the court was whether the service of the originating process on Miller was effective in accordance with the relevant rules of court. This involved determining whether the method of service employed by Sunland Park Pty Ltd satisfied the requirements for substituted service, or if the service was otherwise valid. A secondary issue was whether, even if service was irregular, the court should exercise its discretion to set aside the default judgment, considering factors such as whether Miller had a meritorious defence.

Judge Simpson found that the evidence did not establish that Sunland Park Pty Ltd had taken all reasonable steps to ascertain Miller's whereabouts and effect personal service, nor that the substituted service, which involved leaving documents at a business address, was likely to bring the proceedings to Miller's notice. Consequently, the court concluded that the service of the originating process was irregular and that the default judgment had been irregularly obtained. The court also considered that Miller had raised a defence with sufficient merit to warrant a trial.

Accordingly, the default judgment was set aside, and Miller was granted leave to defend the proceedings upon terms that he pay Sunland Park Pty Ltd's costs thrown away by the application and the costs of the writ.