Body Corporate 19330 v Buchanan
[2025] NZHC 3114
•17 October 2025
IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CIV-2025-425-83
[2025] NZHC 3114
BETWEEN BODY CORPORATE 19330
First Applicant
PARADISE RESIDENTIAL LIMITED
Second ApplicantAND
ROSS DAVISON BUCHANAN and others named in the attached Schedule
Defendant
Hearing: (On the papers) Counsel:
L K Wendt for First Applicant
Judgment:
17 October 2025
JUDGMENT OF ASSOCIATE JUDGE LESTER
(substituted service)
BODY CORPORATE 19330 v BUCHANAN [2025] NZHC 3114 [17 October 2025]
[1] The applicant, Body Corporate 19330 (the Body Corporate) seeks an order for substituted service against Paul Byron Hemburrow who is the fourth named respondent in this proceeding.
[2] The evidence establishes that the Body Corporate has been unable to personally serve Mr Hemburrow on the basis that he is understood to be overseas. Mr Hemburrow has been asked to agree to accept service by email and while he has replied to that email, he did not agree or decline to accept service by email.
[3] Accordingly, it is clear that Mr Hemburrow is receiving emails to the address given in the application.
[4] In addition, Mr Hemburrow has a property manager to let his unit and the order for substituted service requires that the proceedings also be sent to the email for the property manager.
[5] I am satisfied having regard to the evidence that it is impracticable for the proceedings in this matter to be personally served upon Mr Hemburrow as he is travelling overseas.
[6] I am further satisfied that the following directions which I make represent methods of service likely to bring the proceedings to his attention.
[7]I make the following orders:
(a)Personal service of the originating application and the affidavits in support on Mr Hemburrow is dispensed with.
(b)Service of the originating application and the affidavits in support will be deemed to be effected upon the completion of the following:
(i)that the originating application, a copy of this order and links to the affidavits in support are emailed to the email addresses given at paragraph 1.2 of the without notice interlocutory application
for substituted service order dated 15 October 2025 (the application);
(c)In the event Mr Hemburrow requests hard copies of the affidavits in support, he may do so but is to provide a physical address to which they may be sent by registered post.
(d)The documents will be treated as served one working day after the email referred to at paragraph [7(b)(i)] is sent.
[8] The application for substituted service is adjourned with leave to the Body Corporate to request by memorandum a further order as to substituted service in the event any further document in this proceeding cannot be promptly served (in which event the memorandum should contain counsel’s confirmation that either Mr Hemburrow can still not be located, or attaching evidence as to subsequent difficulties of service).
[9] Costs of the application are fixed on a 2B basis and are, with disbursements, are to be costs in the cause.
Associate Judge Lester
Solicitors:
Batchlor*Smith, Auckland
Copy to counsel:
K Wendy, Barrister, Auckland
SCHEDULE
ROSS DAVIDSON BUCHANAN
First Respondent
JACQUI MARY ENNIS
Second Respondent
BALLARAT ENTERPRISES LIMITED
Third Respondent
PAUL BYRON HEMBURROW
Fourth Respondent
GIMMERBURN LIMITED
Fifth Respondent
DAVID ROBERT BUSTON and REGINA BERNBECK
Sixth Respondents
TOTAL FREERANGERS LIMITED
Seventh Respondent
ARVINDER KAUR SHAMMI SANDHU
Eighth Respondent
NIGEL DOUGLAS BROWN, MAURICE CHARLES BROWN, JULIAN ROBERT BROWN and DEREK HERBERT BROWN
Ninth Respondents
EL SOL LIMITED
Teneth Respondent
LYN JANET BROWN, MAX PETER BROWN
Eleventh Respondents
Samuel Hamilton Taylor Twelfth Respondent
ANZ BANK NEW ZEALAND LIMITED
Thirteenth Respondent
AS BANK LIMITED
Fourteenth Respondent
WESTPAC NEW ZEALAND LIMITED
Fifteenth Respondent
IAG NEW ZEALAND LIMITED
Sixteenth Respondent
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