Read & Anor v. Vandeleur

[2007] QSC 240

[2007] QSC 240

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Claim No 36 of 2007

ADELE MAREE READ and
PETER JAMES READ

Plaintiffs

and

VINCENT JOHN VANDELEUR

and

BARRY JAMES TOGNOLA

and

MARGARET WELLS

and

JOHN GEOFFREY WILLIAMS

and

HELEN LEIGH WILLAMS

and

BRIAN HENRY HARE

and

JOHN HARE

First Defendant

Second Defendant

Third Defendant

Fourth Defendant

Fifth Defendant

Sixth Defendant

Seventh Defendant

CAIRNS

..DATE 13/04/2007

JUDGMENT

HIS HONOUR:  This is an application by the applicants seeking orders for substituted service on the sixth respondent, Brian Henry Hare, of the originating documents, and for an order that the documents served on various other respondents informally be regarded as due service. The application is not opposed. The particulars of the informal discussions taking place between the third, fourth, fifth and seventh defendants are fully detailed in the affidavit of Naomi Di Costa, sworn and filed on the 27th of March 2007.

Similarly, the attempts by solicitors to serve the six defendants are detailed in that same affidavit. Those details have led to a response from the sixth defendant to Mr Vandeleur, the first respondent. I am satisfied that the documents have been drawn to his attention, both directly and through his discussions with Mr Vandeleur.

The affidavit discloses that he has given instructions to Mr Vandeleur to accept service, and that has been achieved. In all those circumstances, particularly in the absence of any opposition to the orders which I make, I will now make orders in terms of the draft, initialled by me, and placed with the papers.

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