Pandey v Baycorp Collections PDL (Australia) Pty Ltd

In *Pandey v Baycorp Collections PDL (Australia) Pty Ltd*, the applicant, Mr. Pandey, sought to set aside a default judgment obtained against him by the respondent, Baycorp Collections PDL (Australia) Pty Ltd. The dispute arose from an alleged debt owed by Mr. Pandey to Baycorp, which led to Baycorp initiating debt recovery proceedings. Mr. Pandey contended that he had not been properly served with the originating process, and therefore, the default judgment should not have been entered against him. The matter came before Judge Whelan in the Magistrates' Court of Victoria.

The primary legal issue before the Court was whether the service of the originating process on Mr. Pandey was effective in accordance with the relevant rules of court. Specifically, the Court had to determine if Baycorp had complied with the requirements for substituted service or if the service effected, however it was carried out, met the threshold for valid service, thereby conferring jurisdiction on the Court to enter a default judgment. Mr. Pandey argued that he had no knowledge of the proceedings until after the default judgment was entered.

Judge Whelan considered the evidence presented regarding the attempts at service. The Court applied the principles governing service of originating process, particularly where personal service has not been achieved. The Court noted that the rules of court require a diligent effort to effect personal service before resorting to substituted service, and that any substituted service must be reasonably likely to bring the proceedings to the notice of the defendant. After reviewing the evidence, the Court found that Baycorp had not demonstrated that the service effected was reasonably likely to bring the proceedings to Mr. Pandey's attention, nor had it obtained the necessary leave for substituted service. Consequently, the Court concluded that it lacked jurisdiction to enter the default judgment.

The Court ordered that the default judgment entered against Mr. Pandey be set aside.