Ng Bank (Australia) Ltd v Zornig

[2012] QDC 225

[2012] QDC 225

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 2368 of 2012

ING BANK (AUSTRALIA) LIMITED - SYDNEY	Plaintiff
and
LINGA GAIL ZORNIG	Defendant

BRISBANE

..DATE 17/08/2012

..DAY 1

ORDER

CATCHWORDS
Uniform Civil Procedure Rules 1999, r 116

Substituted service where defendant apparently "keeping house"
HIS HONOUR:  This is an application, "on the papers", for an order dispensing with personal service of the claim and statement of claim, and the authorising of alternative service arrangements under Rule 16.

It's an appropriate case in which to make the order.  The claim is for possession of residential premises at the suit of a mortgagee and for the mortgage debt as currently owing, the full debt having been called in in consequence of default.

The material presented to the Court leaves room for no other conclusion but that the defendant who resides in the premises, where she's registered for voting purposes, is "keeping house", and refusing to respond to the process server's knocks.  That’s not to suggest that she's always present, but there are multiple occasions when someone, and presumably her, has been.

There'll be an order in terms of the initialled draft, which contains some minor changes made by me to the proponent's drafting.

-----