Read & Anor v. Vandeleur

The plaintiffs in the case, Adele Maree Read and Peter James Read, have brought an application in the Supreme Court of Queensland, seeking orders for substituted service on the sixth defendant, Brian Henry Hare. The application also requests that documents served on various other defendants be considered as due service. The application is unopposed. The affidavit of Naomi Di Costa, filed on March 27, 2007, provides detailed information on the informal discussions and attempts to serve the six defendants. The affidavit reveals that the sixth defendant, Brian Henry Hare, has acknowledged receipt of the documents and has instructed his solicitor to accept service. Given these circumstances and the lack of opposition, the court will proceed to make the requested orders.

The primary legal issue before the court was whether to grant the plaintiffs' application for substituted service on the sixth defendant, Brian Henry Hare, and to validate the informal service on the other defendants. The court considered the affidavit of Naomi Di Costa, which detailed the informal discussions and service attempts. The court determined that the sixth defendant had acknowledged receipt of the documents and had instructed his solicitor to accept service. The court was also satisfied that the documents had been properly served on the other defendants, despite the informal nature of the service.

The court, presided over by His Honour Jones J, found that the plaintiffs' application should be granted. The affidavit of Naomi Di Costa provided sufficient evidence that the sixth defendant had been properly served and had accepted service through his solicitor. Additionally, the court was satisfied that the informal service on the other defendants was valid, given the circumstances detailed in the affidavit. Therefore, the court ruled in favour of the plaintiffs, granting their application for substituted service on the sixth defendant and validating the informal service on the other defendants.

In accordance with the court's decision, substituted service will be granted on the sixth defendant, Brian Henry Hare. Furthermore, the informal service on the other defendants will be considered valid. The orders will be made in line with the draft initialled by His Honour Jones J and placed with the case papers. This decision ensures that all defendants are properly served and that the plaintiffs' application is granted in its entirety.