Cameron v Van Dijk

[2020] NZHC 1097

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-121

[2020] NZHC 1097

BETWEEN

JANET HEATHER CAMERON

Plaintiff

AND

LEO VAN DIJK

Defendant

Hearing:

22 May 2020

(On the papers)

Counsel:

G Gallaway and W Hamilton for the Plaintiff

Judgment:

22 May 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Substituted service)

This judgment was delivered by me on 22 May 2020 at 4.00pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 22 May 2020

CAMERON v VAN DIJK [2020] NZHC 1097 [22 May 2020]

[1]The plaintiff applies for an order for substituted service against the defendant.

[2]        I am satisfied that having regard to the evidence of the process server involved, Mr Brian Ware, that reasonable efforts have been made to serve the summary judgment proceedings on the defendant.

[3]        I am further satisfied that the following directions which I make represent the method of service likely to bring the documents to the attention of the defendant.

Orders

[4]I direct:

4.1Personal service on the defendant with the:

(i)statement of claim dated 10 February 2020;

(ii)notice of proceeding where plaintiff seeks summary judgment dated 10 March 2020;

(iii)interlocutory application on notice for summary judgment dated 10 March 2020; and

(iv)affidavit of Janet Heather Cameron in support of the application for summary judgment sworn 20 February 2020 (“the documents”)

is dispensed with.

4.2Service upon the defendant will be deemed to be effective upon the completion of the following events:

(i)the documents together with this order are left with an adult occupant   at   29   Medway   Street,   Richmond,  Christchurch 8013; or

(ii)(in the absence of such a person) by affixing the documents together with this order to the outside door of the said residence, in both cases under a covering letter requesting the person receiving the documents to bring them to the attention of the defendant;

(iii)that a copy of the documents along with a copy of this order are sent by email to the defendant at the following email address: [email protected];

(iv)that a copy of the documents and a copy of this order is sent by email to Mr Garry Knight, solicitor, Christchurch with a request that he provide the documents to the defendant.

The documents will be treated as served three working days after completion of the above steps.

[5]        The plaintiff’s application for summary judgment is removed from the List on 28 May 2020 and the first call of the application for summary judgment is enlarged to Friday 12 June 2020.

[6]        The costs of this application are fixed on a 2B basis and are along with disbursements to be costs in the cause.

Associate Judge Lester

Solicitors:
Chapman Tripp, Christchurch