Bank of Queensland Limited v Heseltine & Ors [2014] QDC 11

DISTRICT COURT OF QUEENSLAND CITATION: Bank of Queensland Limited v Heseltine & Ors [2014] QDC 11 PARTIES: BANK OF QUEENSLAND LIMITED (ACN 009 656 740) (plaintiff) v HYLTON ANDREW HESELTINE (first defendant) and KERSTIN THEA HESELTINE (second defendant) and RICHARD TALLIS HESELTINE (third defendant) and SUSAN JOAN HESELTINE (fourth defendant) FILE NO/S: 4422/13 DIVISION: Civil PROCEEDING: Application ORIGINATING COURT: District Court, Brisbane DELIVERED ON: 30 January 2014 DELIVERED AT: Brisbane HEARING DATE: On the papers JUDGE: Reid DCJ ORDER: 1. That personal service of the Claim and Statement of Claim upon the Third Defendant and Fourth Defendant be dispensed with. 2. That the Plaintiff: (a) Post copies of the Order, Claim and Statement of Claim bearing number 4422 of 2013 and of the reasons of His Honour Judge Reid of 30 January 2014, -- 1 of 3 -- 2 to the Third Defendant and Fourth Defendant at 176 Barrack Road, Cannon Hill in the State of Queensland, 4170 by prepaid express post. (b) Email copies of the Order, Claim and Statement of Claim bearing number 4422 of 2013 and of the reasons of His Honour Judge Reid of 30 January 2014 to the Third Defendant at [email protected]. (c) Notify the Third Defendant by SMS on mobile phone number 0488 714 782 that documents have been posted to him at 176 Barrack Road, Cannon Hill in the State of Queensland, 4170 by prepaid express post and emailed to him at [email protected]. 3. That service be deemed to be effected upon the Third Defendant and Fourth Defendant at the expiration of three (3) days from the taking of the last step referred to in paragraph 2. 4. Costs be reserved. CATCHWORDS: Substituted service – decision without oral hearing SOLICITORS: Gadens Lawyers for the Plaintiff [2] In this matter the applicant/plaintiff seeks orders that personal service of the claim and statement of claim on the third and fourth defendants be dispensed with and orders for substituted service upon them. The application is self-evidently ex parte and the applicant has sought a decision without an oral hearing pursuant to the reasons of Part 6 of Chapter 12 of the Uniform Civil Procedure Rules (“UCPR”). [3] The applicant has complied with the necessary requirements of the rules and it is clearly appropriate that the matter be determined on the papers. [4] An affidavit of Melissa Patricia Anne Winton filed 28 January 2014 sets out the attempts that have been made to serve the third and fourth defendants. I conclude that it is impractical to serve the claim and statement of claim personally upon each of those defendants, as they appear to be taking deliberate steps to avoid service. I also conclude that the method of substituted service proposed in the application is likely to cause the documents to come to the knowledge of each of the third and fourth defendants. [5] In the circumstances, I order as follows: -- 2 of 3 -- 3 1. That personal service of the Claim and Statement of Claim upon the Third Defendant and Fourth Defendant be dispensed with. 2. That the Plaintiff: (a) Post copies of the Order, Claim and Statement of Claim bearing number 4422 of 2013 and of the reasons of His Honour Judge Reid of 30 January 2014, to the Third Defendant and Fourth Defendant at 176 Barrack Road, Cannon Hill in the State of Queensland, 4170 by prepaid express post. (b) Email copies of the Order, Claim and Statement of Claim bearing number 4422 of 2013 and of the reasons of His Honour Judge Reid of 30 January 2014 to the Third Defendant at [email protected]. (c) Notify the Third Defendant by SMS on mobile phone number 0488 714 782 that documents have been posted to him at 176 Barrack Road, Cannon Hill in the State of Queensland, 4170 by prepaid express post and emailed to him at [email protected]. 3. That service be deemed to be effected upon the Third Defendant and Fourth Defendant at the expiration of three (3) days from the taking of the last step referred to in paragraph 2. 4. Costs be reserved. -- 3 of 3 --