Gilmore v Gilmore

[2021] NZHC 2863

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2021-409-418

[2021] NZHC 2863

BETWEEN

GARRY KEITH GILMORE and KAY DIANNE GILMORE

Plaintiffs

AND

AARON WAYNE GILMORE and COW POWER INVESTMENTS LIMITED as

trustees of THE MIGHTY ROCKET TRUST

Defendants

Hearing:	(Determined on the papers)
Counsel:	S C Clay for Plaintiffs
Judgment:	27 October 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

(substituted service)

GILMORE v GILMORE [2021] NZHC 2863 [27 October 2021]

[1]                 The plaintiffs apply for an order for substituted service against the defendants. Mr Aaron Gilmore is the sole director of the defendant company, Cow Power Investments Ltd.

[2]                 I am satisfied having regard to the evidence of the process server involved, Mr Dion Graham Neill, that reasonable efforts have been made to serve this proceeding on the defendants. I accept the plaintiffs’ submission that there is every appearance that the defendant is evading or, at the very least, not co-operating in respect of service.

[3]                 I am further satisfied that the following directions which I make represent the methods of service likely to bring the documents to be served in this proceeding to the attention of the defendants.

Orders

[4]I direct that:

(a)personal service of the following documents:

(i)statement of claim dated 16 August 2021;

(ii)notice of proceeding dated 16 August 2021;

(iii)affidavit    of    plaintiffs    as    to    cause    of    action    dated 11 August 2021;

(iv)interlocutory    application    for    summary    judgment    dated 16 August 2021;

(v)notice of proceeding when summary judgment sought dated  16 August 2021;

(vi)affidavit of plaintiffs in support of application for summary judgment dated 11 August 2021; and

(vii)             initial disclosure dated 16 August 2021. (the documents), is dispensed with.

(b)Service upon the defendants will be deemed to be effected upon the completion of the following steps:

(i)copies of the documents together with a copy of this Judgment, are to be emailed to Mr Gilmore’s email address given at para [1](a)(i) of the application for substituted service;

(ii)the documents along with a copy of this Judgment are to be sent by ordinary post to Mr Gilmore at the addresses given  in  paras [2] and [7] of the affidavit in support of interlocutory application without notice for order as to substituted service dated 19 October 2021; and

(iii)a text message is to be sent to Mr Gilmore’s cell phone given at para [1](b) of the application for substituted service, advising him that the Court has ordered that the documents may be served on him by email and by post.

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

(d)The costs of the application are fixed on a 2B basis and are, with disbursements, to be costs in the cause.

Associate Judge Lester

Solicitors:
Lane Neave, Christchurch