Place Design Group Pty Ltd v Hassard
[2013] QCAT 742
•25 February 2013
| CITATION: | Place Design Group Pty Ltd v Hassard [2013] QCAT 742 |
| PARTIES: | Place Design Group Pty Ltd ABN 49082370063 (Applicant) |
| V | |
| Mr David Hassard (Respondent) |
| APPLICATION NUMBER: | MCDO2984-12 |
| MATTER TYPE: | Other minor civil dispute matters |
| HEARING DATE: | 25 February 2013 |
| HEARD AT: | Brisbane |
| DECISION OF: | Adjudicator Bertelsen |
| DELIVERED ON: | 25 February 2013 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. The Respondents application to dismiss the initiating application is dismissed. 2. Time for service of the initiating application is extended to 2 April 2013. |
| CATCHWORDS: | Minor civil disputes - service |
APPEARANCES and REPRESENTATION (if any):
The tribunal heard and determined this matter on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).
REASONS FOR DECISION
Respondent asserts service by email is inadequate, and the application ought to be struck out. This is so, even though prior to that he has filed a response to the application.
There is no evidence that the application as emailed was not fully received by the Respondent. In any event the applicant never filed an affidavit of service and it appears was still attempting to serve the Respondent properly. The application was simply emailed at the request of the Respondent.
The Applicant ought to be given additional time to serve the Respondent. If that proves too difficult the Applicant can always apply for a substituted service order.
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