Permanent Mortgages Pty Ltd v McKenna

In the case of Permanent Mortgages Pty Ltd v McKenna, the plaintiff sought an order for substituted service of its claim on the defendant, Sonia Elizabeth Begley. The matter was heard in the Supreme Court of Queensland. The primary issue before the court was whether service of the claim could be effected by ordinary post, in accordance with the rules of court.

The court examined the relevant provisions of the Supreme Court (General Civil Procedure) Rules 2015. The plaintiff argued that substituted service by ordinary post was permissible under the rules, while the defendant contested this interpretation. The court considered the specific language of the rules and the broader context of procedural fairness and effectiveness in serving legal documents.

The court found that the rules did allow for service by ordinary post in certain circumstances, particularly when the defendant's whereabouts were unknown. The court noted that the rules were designed to facilitate access to justice, and substituted service by post was a practical means of ensuring that parties were properly notified of proceedings. The court granted the plaintiff's application for substituted service by ordinary post, specifying the addresses and the timing of the service.

The final orders included directions for the service of the claim by ordinary post to the defendant's specified addresses, with service deemed effective two business days after posting. Additionally, the court ordered that the plaintiff's costs of and incidental to the application be paid by the plaintiff.