Thomson v Surch
[2021] NZHC 3231
•29 November 2021
IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2021-409-455
[2021] NZHC 3231
UNDER the Companies Act 1993 IN THE MATTER
of an application under s 91 Companies Act 1993 in respect of NZ Radiators Trustee Limited
BETWEEN
CHRISTOPHER BRUCE THOMSON and DALE ANTHONY WADSWORTH
Plaintiffs
AND
TROY ADAM SURCH
Defendant
Hearing: (Determined on the papers) Counsel:
G J Ryan for Plaintiffs
Judgment:
29 November 2021
JUDGMENT OF ASSOCIATE JUDGE LESTER
(Substituted Service)
THOMSON v SURCH [2021] NZHC 3231 [29 November 2021]
[1] The plaintiffs apply for an order for substituted service as against the defendant.
[2] I am satisfied having regard to the evidence filed that reasonable efforts have been made to serve the proceedings on Mr Troy Adam Surch and that the proceeding cannot promptly be served.
[3] I am further satisfied that the following directions, which I make, represent methods of service likely to bring the documents in this proceeding to the attention of the defendant.
Orders
[4]I direct:
(a)Personal service on the defendant with the statement of claim dated 5 October 2021 and the notice of proceeding dated 5 October 2021 (the documents) in this matter be dispensed with.
(b)Service upon the defendant of the documents will be deemed to be effected upon the completion of the following steps:
(i)the documents are to be emailed to Mr Surch at the two email addresses given in the memorandum of counsel dated 24 November 2021 at paras 6.1 and 6.2;
(ii)the documents are to be left for Mr Surch at the business address given at para 6.3 of the memorandum of counsel dated 24 November 2021; and
(iii)the documents are to be left for Mr Surch at the address given in para 6.4 of the memorandum of counsel dated 24 November 2021.
(c)The documents will be treated as served three working days after completion of the above steps.
[5]Costs are reserved.
Associate Judge Lester
Solicitors:
White Fox & Jones, Christchurch
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