Baxter

[2021] NZHC 637

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-619

[2021] NZHC 637

UNDER

the Wills Act 2007

BETWEEN

JAMES LEWIS BAXTER

Applicant

Hearing:	(Determined on the papers)
Counsel:	M J Wallace for the Applicant
Judgment:	26 March 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

(as to substituted service)

This judgment was delivered by me on 26 March 2021 at 2.30pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 26 March 2021

RE BAXTER v [2021] NZHC 637 [26 March 2021]

[1]    The applicant, Mr James Baxter, seeks an order for substituted service that Ms Carolyn Wiggs (Ms Wiggs), a person directed to be served with the proceedings, be served by email.

[2]Ms Wiggs, who is the sister of the applicant, is resident in the United Kingdom.

[3]    Counsel for the applicant refers to the COVID-19 restrictions in the United Kingdom. Counsel understands that those restrictions will inevitably create difficulties in achieving personal service and notes the potential that Ms Wiggs may wish to avoid personal interaction with a process server.

[4]    The applicant’s evidence is that while COVID-19 restrictions are being relaxed in the United Kingdom, there do remain restrictions on the movement of people and of meetings.

[5]    Under normal circumstances it would be necessary in order to satisfy the pre-requisites for an order for substituted service that attempts at service have been made, but these are not normal circumstances.

[6]    Given the applicant’s evidence that he is in email contact with Ms Wiggs, there is no reason to believe the use of email will not bring the proceedings to Ms Wiggs’ attention.

[7]Accordingly, the following orders are made:

(1)Personal service on Carolyn Wiggs is dispensed with.

(2)Service on Ms Wiggs will be deemed to be effected upon the pleadings, along with a copy of this order, being sent to Ms Wiggs at the email address set out at para 1(a) of the application dated 24 March 2021.

(3)There is no order as to costs in respect of this application.

Associate Judge Lester

Solicitors:
Dallison Stone, Christchurch

Copy to counsel:
M J Wallace, Barrister, Christchurch