Boral Resources (Qld) Pty Ltd v Tait [2025] QSC 273

SUPREME COURT OF QUEENSLAND CITATION: Boral Resources (Qld) Pty Ltd v Tait [2025] QSC 273 PARTIES: BORAL RESOURCES (QLD) PTY LTD ACN 009 671 809 (plaintiff) v RYAN TAIT (first defendant) PERPETUAL LIMITED ACN 000 431 827 (second defendant) FILE NO: BS 2194 of 2025 DIVISION: Trial Division PROCEEDING: Application ORIGINATING COURT: Supreme Court of Queensland at Brisbane DELIVERED ON: 22 October 2025 DELIVERED AT: Brisbane HEARING DATE: Application on the papers JUDGE: Davis J ORDERS: 1. Personal service of the Claim and Statement of Claim filed 2 June 2025 on the first defendant in accordance with r 105(1) of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) be dispensed with. 2. Pursuant to r 116 of the UCPR, substituted service of the Claim and Statement of Claim be made upon the first defendant by effecting all of the following: (a) posting, by ordinary pre-paid post, a sealed copy of the Claim and Statement of Claim and a sealed copy of this order, and a copy of the published reasons for making the orders (the documents) in an envelope addressed to the first defendant at 72-74 The Pinnacle, Worongary QLD 4213 (Worongary Property); (b) delivering a copy of the documents in an envelope addressed to the defendant to the Worongary Property and leaving the envelope at the front gate of the Worongary Property; -- 1 of 8 -- 2 (c) delivering a copy of the documents in an envelope addressed to the first defendant c/- Accounting Plus, Unit 2, 12 Millaroo Drive, Helensvale QLD 4212; (d) delivering a copy of the documents to the offices of Accounting Plus, Unit 2, 12 Millaroo Drive, Helensvale QLD 4212 under cover of a letter addressed to “The Principal, Accounting Plus,” in these terms: “Please note that by order of the Supreme Court of Queensland, personal service of the important documents enclosed with this letter is being effected upon Ryan Tait, director of Signature Concrete Constructions Pty Ltd, the registered office of which is your practice, by delivery to your office.” (e) sending a text message to each of the first defendant’s mobile number 0405 753 504 and 0414 603 340, attaching a copy of the documents together with the words: “Mr Ryan Tait, please find attached by way of service and in accordance with the attached orders of substituted service the Claim and Statement of Claim filed against you in the Brisbane Supreme Court proceedings 2194/25 together with the order for substituted service which has been made and the published reasons for that order. Copies of the Claim and Statement of Claim together with the order for substituted service which has been made and the published reasons for that order have been delivered to 72-74 The Pinnacle, Worongary QLD 4123 and Accountancy Plus at Unit 2, 12 Millaroo Drive, Helensvale QLD 4212. You will be deemed to have been served with those documents by Order of the Court.”; and (f) sending an email to the first defendant’s email address being [email protected], attaching the documents and bearing the same text as the text messages to be sent pursuant to order 2(e). 3. Service of the documents upon the defendant will be deemed to have occurred five clear days after the last of the acts listed in Order 2 is completed. 4. The costs are reserved. -- 2 of 8 -- 3 CATCHWORDS: PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – SERVICE – IN LIEU OF PERSONAL SERVICE: SUBSTITUTED INFORMAL SERVICE – where the first defendant has been unable to be served with the Claim and Statement of Claim despite significant efforts – where the first defendant is the director of Signature Concrete Constructions Pty Ltd – where the registered office of Signature Concrete Constructions Pty Ltd is used by Accounting Plus – where there are two telephone numbers for mobile telephones associated with the first defendant – where there is an email address for the first defendant – where the first defendant resides at an address in Worongary – whether an order for substituted service should be made – whether service ought to be effected by sending the documents by text message – whether service ought to be effected by sending the documents to the email address – whether service ought to be effected by delivering the documents to the Worongary residence of the first defendant – whether service should be effected by delivering the documents to Accountancy Plus Uniform Civil Procedure Rules 1999 (Qld), r 105, r 116 Miscamble v Phillips and Hoeflich (No 2) (1936) 10 ALJR 112; [1936] St R Qd 272, cited SOLICITORS: Holman Webb Lawyers Brisbane for the plaintiff [1] The plaintiff applies for an order for substituted service of the Claim and Statement of Claim filed in the proceedings. Background [2] On 24 September 2007, the first defendant, Ryan Tait, allegedly signed a credit application form seeking to open a credit account with Boral Limited and its subsidiaries and associated companies. [3] By the terms of the credit application form, Mr Tait seemed to apply for credit in relation to goods to be supplied to “Signature Concrete Constructions.” Also in the material is what appears to be the first page of a document styled as a “Personal Guarantee and Indemnity Agreement”, whereby Mr Tait arguably guarantees “monies due now or at any time in the future for goods supplied by the supplier [Boral] to the Customer from time to time”. [4] The customer named on the document is “Signature Concrete Constructions”. The credit application form was witnessed and the date of the witness’s signature is 24 September 2007. The postal address for “Signature Concrete Constructions” appears on the credit application form as 8 Bradstone Road, Carrara, which also appears on the form as the residential address for Mr Tait. [5] A Claim and Statement of Claim were filed on 2 June 2025. -- 3 of 8 -- 4 [6] Two defendants are named in the Claim and Statement of Claim, being Mr Tait and Perpetual Limited ACN 000 431 827. [7] The Claim and Statement of Claim are odd in some respects: (a) firstly, it is alleged that Perpetual is a mortgagee over property at 72-74 The Pinnacle, Worongary, but no orders are sought against Perpetual in the proceedings; and (b) secondly, the credit application form contemplates that Mr Tait will be liable for payment of goods delivered to Signature Concrete Constructions. However, the Statement of Claim alleges the goods were supplied “to the first defendant under the credit agreement.” The entity to which the goods were delivered in fact, is probably Signature Concrete Constructions Pty Ltd which was incorporated on 22 June 2012, five years after the credit application form was signed. It is unlikely that in 2007 Mr Tait agreed to be liable for payment for goods delivered to a company that did not exist until 2012. [8] In any event, unsuccessful attempts were made to serve the proceedings upon Mr Tait. [9] In the course of investigations, various things were learned by the plaintiff: (a) the sole director and shareholder of Signature Concrete Constructions Pty Ltd is Mr Tait; (b) the registered office of Signature Concrete Constructions Pty Ltd is Unit 2, 12 Millaroo Drive, Helensvale. That is the business address of an accounting practice called Accounting Plus; (c) Ryan Tait’s address, shown as director of Signature Concrete Constructions Pty Ltd, is 72-74 The Pinnacle, Worongary; (d) Ryan Tait is the registered proprietor in fee simple of the property at 72-74 The Pinancle, Worongary; and (e) the Queensland Building and Construction Commission (QBCC) records show an address for Ryan Tait as 72-74 The Pinancle, Worongary. [10] Website searches have identified active phone numbers for Mr Tait of 0414 603 340 and 0405 753 504, and an email address of [email protected]. [11] There is no evidence as to whether the business of Signature Concrete Constructions (or Signature Concrete Constructions Pty Ltd) is still trading. It is probably not, because the QBCC records that Mr Tait no longer holds a licence. [12] ASIC records for Signature Concrete Constructions Pty Ltd shows Mr Tait as the sole shareholder and gives his address as Unit 2, 23 Mudgeeraba Road, Wongorary 4213. The company’s ASIC only contact address is PO Box 350, Mudgeeraba QLD 4213. [13] Process servers made enquiries at the registered address of Signature Concrete Constructions Pty Ltd, but privacy was claimed and no information of use was obtained. [14] Attempts were made to serve Mr Tait at 72-74 The Pinnacle, Worongary. Attempts were made on 12, 14 and 17 June 2025 and on each of those occasions, the process -- 4 of 8 -- 5 server was confronted with a locked, gated property and no answer when the intercom was used. [15] On 12 June 2025, the agent noted a letterbox full of mail addressed to Mr Tait. He gathered information from neighbours who knew Mr Tait and said that he lived at the address. Calling cards were left on each of the three occasions and there has been no response. [16] On 2 July 2025, the process server again attempted service upon Mr Tait at 72-74 The Pinnacle, Worongary. Again, the agent was faced with a locked front gate. On this occasion he telephoned the two mobile telephone numbers for Mr Tait but they rang out on both occasions. He sent an SMS message to both numbers requesting contact and left a further calling card in the letterbox. [17] A further attempt was made on 8 July 2025. On this occasion, the process server noted lights inside the residence but again could not raise anyone. He called the two telephone numbers but both rang out. The telephones could not be heard ringing inside the residence. He left a further calling card. [18] A further attempt was made on 9 July 2025. Again, the process server was faced with a locked gate. He could not raise anyone by use of the intercom. He could hear a male voice speaking inside the residence and he noticed a parcel at the front gate addressed to Mr Tait. He noticed that the contact number on the parcel was 0405 753 504, being one of the telephone numbers he had for Mr Tait. He rang both numbers and they rang out. SMS messages were sent to both telephone numbers requesting contact and there has been no response. [19] Contact was again made with Accountancy Plus but no progress was made as to the whereabouts as to Mr Tait. [20] Further attempts were made on 22, 23 and 25 August 2025. On 22 August, no person could be raised. A calling card was left affixed to the gate. On 23 August, again no person could be raised but it appeared that the calling card had been removed. On 25 August, a further attempt at service at the Worongary address was made. Again, no one could be raised. Statutory Provisions [21] By r 105 of the Uniform Civil Procedure Rules 1999, an originating process, such as a Claim and Statement of Claim, must be served personally. Rule 106 provides that personal service is effected by giving the document to the person intended to be served. [22] Rule 116 provides as follows: “116 Substituted service (1) If, for any reason, it is impracticable to serve a document in a way required under this chapter, the court may make an order substituting another way of serving the document. -- 5 of 8 -- 6 (2) The court may, in the order, specify the steps to be taken, instead of service, for bringing the document to the attention of the person to be served. (3) The court may, in the order, specify that the document is to be taken to have been served on the happening of a specified event or at the end of a specified time. (4) The court may make an order under this rule even though the person to be served is not in Queensland or was not in Queensland when the proceeding started.” [23] Rule 116(1) empowers the Court to make a substituted service order where “it is impracticable to serve [the document] [personally].” If that jurisdictional fact is satisfied then the order should be fashioned so as to fulfil the object of service, namely, to bring the documents to the knowledge of the defendants.1 [24] Here, given the extensive and unsuccessful attempts at personal service, I am satisfied that it is impracticable to serve the Claim and Statement of Claim upon Mr Tait. [25] From the evidence I have outlined above, I conclude that: (a) Mr Tait lives at 72-74 The Pinnacle, Worongary; (b) Mr Tait has the mobile phones attached to numbers 0414 603 340 and 0405 753 504; and (c) Mr Tait has access to the email address [email protected]; [26] Accountancy Plus is, as I have already observed, the registered office of Signature Concrete Constructions Pty Ltd. I infer that it is likely that the principal of that firm is still in communication with Mr Tait. [27] In order to bring the Claim, Statement of Claim and the orders made pursuant to these reasons to Mr Tait’s attention, the documents should be sent electronically by way of text message to Mr Tait’s two telephone numbers and to his email address, with an accompanying message explaining that the documents are being served upon him. [28] The documents should be both posted and delivered to 72-74 The Pinnacle, Worongary and should be delivered to the offices of Accounting Plus. [29] Because Accounting Plus act as the registered office of Signature Concrete Constructions Pty Ltd, it can be inferred that the principal of Accounting Plus can contact Mr Tait. As well as delivering a copy of the documents addressed to Mr Tait to Accounting Plus, a second set of documents should be delivered to Accounting Plus with an accompanying letter to the principal of that firm. That covering letter will explain the significance of the service of the documents. [30] The applicant seeks an order for costs. That is inappropriate. Mr Tait may have a good explanation as to why service could not be effected upon him. It cannot be assumed, without hearing him, that he is deliberately avoiding service. The costs should be reserved. 1 Miscamble v Phillips and Hoeflich (No 2) (1936) 10 ALJR 112. -- 6 of 8 -- 7 Orders [31] It is ordered: 1. Personal service of the Claim and Statement of Claim filed 2 June 2025 on the first defendant in accordance with r 105(1) of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) be dispensed with. 2. Pursuant to r 116 of the UCPR, substituted service of the Claim and Statement of Claim be made upon the first defendant by effecting all of the following: (a) posting, by ordinary pre-paid post, a sealed copy of the Claim and Statement of Claim and a sealed copy of this order, and a copy of the published reasons for making the orders (the documents) in an envelope addressed to the first defendant at 72-74 The Pinnacle, Worongary QLD 4213 (Worongary Property); (b) delivering a copy of the documents in an envelope addressed to the defendant to the Worongary Property and leaving the envelope at the front gate of the Worongary Property; (c) delivering a copy of the documents in an envelope addressed to the first defendant c/- Accounting Plus, Unit 2, 12 Millaroo Drive, Helensvale QLD 4212; (d) delivering a copy of the documents to the offices of Accounting Plus, Unit 2, 12 Millaroo Drive, Helensvale QLD 4212 under cover of a letter addressed to “The Principal, Accounting Plus,” in these terms: “Please note that by order of the Supreme Court of Queensland, personal service of the important documents enclosed with this letter is being effected upon Ryan Tait, director of Signature Concrete Constructions Pty Ltd, the registered office of which is your practice, by delivery to your office.” (e) sending a text message to each of the first defendant’s mobile number 0405 753 504 and 0414 603 340, attaching a copy of the documents together with the words: “Mr Ryan Tait, please find attached by way of service and in accordance with the attached orders of substituted service the Claim and Statement of Claim filed against you in the Brisbane Supreme Court proceedings 2194/25 together with the order for substituted service which has been made and the published reasons for that order. Copies of the Claim and Statement of Claim together with the order for substituted service which has been made and the published reasons for that order have been delivered to 72-74 The Pinnacle, Worongary QLD 4123 and Accountancy Plus at Unit 2, 12 Millaroo Drive, Helensvale QLD 4212. You will be deemed to have been served with those documents by Order of the Court.”; and (f) sending an email to the first defendant’s email address being [email protected], attaching the documents and bearing the same text as the text messages to be sent pursuant to order 2(e). -- 7 of 8 -- 8 3. Service of the documents upon the defendant will be deemed to have occurred five clear days after the last of the acts listed in Order 2 is completed. 4. The costs are reserved. -- 8 of 8 --