PP Pty Ltd v. Freeman and Co-Develop Australia Pty Ltd

[2008] QDC 19

[2008] QDC 19

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 2941 of 2007

PP PTY LTD

Plaintiff/Trustee

and

LESLEY RAYMOND FREEMAN and
CO-DEVELOP AUSTRALIA PTY LTD
ACN 106 594 101)

Defendant

Defendant

BRISBANE

..DATE 01/02/2008

ORDER
CATCHWORDS: Posting of copies of claim and statement of claim to material defendant's post office box as notified by the his accountant not accepted as sufficient service for UCPR s117 - orders made under rule 116 for service together with a copy of the codes by that means, with further copies to be posted to the accountants.

HIS HONOUR:  This is an application for substituted service. 

I feel unable to accede to Mr Rowell's submission that the Court ought to rely on Rule 117 to decide that the first defendant has had possession of the claim and statement of claim - although the likelihood may, as submitted, be that this has happened given that the company of which he is a director has been served as registered office. 

Additionally, Mr Freeman (proving to be non-locatable at physical addresses previously associated with him) has been "served" by posting to a Post Office box, notified by his Accountants, the firm of Vincents; indeed, that has happened twice.  Requests have been directed to the post office box to Mr Freeman to indicate how he may be personally served - attracting no response. 

Whatever suspicions may be harboured that he's been deliberately elusive, I think the essential thing is that he now be served with a copy of the Court's order to make it clear to him that he is in the position of having been served and is amenable to further orders in the proceedings in the same way as his company.  If that is going to happen, it is little trouble for the plaintiff to provide not only the copy of the Court's order but also further copies of the claim and statement of claim.  Those dispatched so far may not have been retained, even if delivered to the addressee.

So, the Court will order:

1. Under rule 116(1) that service of the claim and statement of claim on the first defendant be effected by sending him copies, together with a copy of this order by ordinary pre-paid post to P O Box 3370 Norman Park Queensland 4170 and also to Vincents Chartered Accountants Post Office Box 13004 George Street Brisbane 4003. 

...

HIS HONOUR:  And:

2. That such service be deemed effective two business days after compliance with paragraph 1 above.

3. That the costs of and incidental to the application be the plaintiff's costs in the cause. 

I have added the stipulation for service on Vincents on the basis that it might be rash to assume that contracts for provision of Post Office Box services with Australia Post necessarily endure or indeed that those who make them check their mail at any particular intervals. 

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