Bunnings Group Ltd & Anor v Inter Urban Resources Pty Ltd & Ors [2010] QDC 52
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[2010] QDC 52
DISTRICT COURT
CIVIL JURISDICTION
JUDGE ROBIN QC
No 2543 of 2009
BUNNINGS GROUP LIMITED AND ANOR Plaintiffs
and
INTER URBAN RESOURCES PTY LTD AND
OTHERS Defendants
BRISBANE
..DATE 15/02/2010
ORDER
CATCHWORDS
Uniform Civil Procedure Rules r 116
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HIS HONOUR: Order as per initialled draft. That allows
substituted service of a claim in which judgment has already
been obtained against the first defendant company upon the
second defendants, who are sued as guarantors.
It seems inescapable that by roles they play or played in the
company they are fully aware of the proceeding. Whether by
accident or design they have caused confusion by nominating,
on different occasions, multiple addresses for themselves in
the same street. When the process servers have attempted to
use those addresses they've had no joy at either.
It's a clear case where rule 116 ought to be used to permit
service by post and also by hand delivery to those addresses
of the proceedings to be served together with a copy of the
Court's order. Orders as per initialled draft.
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Official source: https://www.sclqld.org.au/caselaw/QDC/2010/052