National Australia Bank Limited
[2013] QDC 3
•14 January 2013
DISTRICT COURT OF QUEENSLAND
CITATION:
National Australia Bank Limited [2013] QDC 3
PARTIES:
NATIONAL Australia BANK LIMITED
(Plaintiff)AND
MICHAEL JAMES WIEDEN AND AIMEE JANE WIEDEN
(Defendant)FILE NO/S:
4101/2012
PROCEEDING:
Application
DELIVERED ON:
14 January 2013
DELIVERED AT:
Brisbane
JUDGE:
Samios DCJ
ORDER:
1. Order as per the draft.
COUNSEL:
There was no appearance by the Plaintiff .
There was no appearance by the Defendant.
SOLICITORS:
There was no appearance by the Plaintiff.
There was no appearance by the Defendant..
This is the application of National Australia Bank Limited v Wieden and Another.
This is an application by the plaintiff for an order for substituted service of the claim and statement of claim upon the first defendant.
I am satisfied on the evidence before me that it is proper to make the orders that there be substituted service upon the first defendant in the terms of the draft order.
However, as to the question of costs, the applicant seeks that those costs be ordered to be on the indemnity basis. While prima facie it appears the first defendant has evaded service, I cannot come to the view that I should make an order that the costs be on the indemnity basis. That is because the application proceeds, in effect, on an ex parte basis, that is the first defendant has not been heard as to what appears to be the prima facie basis.
It may well be that, as I said, at the end of the day, if there were a contested hearing, the Court could conclude there has been evasion of service. As I have said, I cannot come to that view in the circumstances because of the nature of the application.
Therefore, there will be an order as per the draft initialled by me and left with the papers noting that the draft has been amended by me in relation to the question of costs.
Just to repeat myself, there is an order as per the draft initialled by me and left with the papers.
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