Bojam Pty Ltd v Play Hard Entertainment Pty Ltd & Ors [2009] QDC 183

1-1 [2009] QDC 183 DISTRICT COURT JUDGE ROBIN QC No D273 of 2008 BOJAM PTY LTD ACN 124 837 136 AS TRUSTEE FOR THE JAMES FAMILY TRUST and Plaintiff PLAY HARD ENTERTAINMENT PTY LTD ACN 106 759 791 First Defendant and ALLAN WILLIAM THOMPSON Second Defendant And GRANT ALEXANDER POTTER Third Defendant MAROOCHYDORE ..DATE 19/06/2009 ORDER CATCHWORDS Uniform Civil Procedure Rules, 116 - substituted service of a claim and statement of claim upon a defendant in Western Australia believed to spend each 5th week at a residence in Perth, after 4 weeks working in a remote mine - special arrangements ordered to apprise the defendant and a family member of the making of the order by use of telephone numbers known to the solicitors -- 1 of 4 -- 1-2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: The Court has made an order in terms of a draft which, as amended, provides as follows: 1. That personal service upon the third defendant be dispensed with. 2. An order for substituted service of the claim and statement of claim in these proceedings on the third defendant pursuant to rule 116 of the Uniform Civil Procedure Rules by prepaid ordinary post together with a copy of this order to: (a) 74 Lakeside Drive, Joondalup, Western Australia 6027; and (b) 74A Lakeside Drive, Joondalup, Western Australia 6027. 3. The third defendant's mother be informed, by telephone if her address cannot be ascertained, that the Court has made an order permitting service on him of a District Court proceeding by posting to those two addresses. 4. The third defendant be likewise informed by telephone or, should attempts in that regard be unavailing, by sending a text message to his mobile telephone number. 5. Such service be deemed effective 50 days after the above steps are taken. 6. That the plaintiff's costs of and incidental to this application be reserved. -- 2 of 4 -- 1-3 ORDER 1 10 20 30 40 50 60 The claim is a relatively modest one, not much in excess of the Magistrates Court jurisdictional limit. The third defendant is said to have played a part, along with the second defendant, as the actual operator of the affairs in the exercise of the management rights relating to a home unit complex known as Raffles Mooloolaba in circumstances where the men would have had - or are thought to have been in a position of having - reliable information about the trading, which the plaintiff says was misrepresented to it. It is probably in the interests of the other defendants to have the third defendant, who, to this point, hasn't been able to be served, in the proceeding. They haven't appeared although they have been apparently served with the application for substituted service. The alternative addresses referred to in the order relate to conflicting versions of the address, one from the third defendant's mother. She resides at New Zealand, is that right? That's where one of them comes from. The other comes from a lady who lives nearby who gave an address to the process server as that of Mr Potter. He has fly-in, fly-out employment at a mine in Western Australia now, which is said to involve a roster of four weeks on and four weeks off. He is only occasionally at the residence in Joondalup. Those circumstances mean that special provision ought to be there to give adequate time to Mr Potter, should documents get to Joondalup at a time when, say, he has just left for another stint at the mine. -- 3 of 4 -- 1-4 ORDER 1 10 20 30 40 50 60 I thought it prudent in the circumstances to take advantage of the means of contact of which the plaintiff and her solicitors have garnered knowledge as an additional way of giving some satisfaction to the Court that all that reasonably can be done to bring the proceeding to Mr Potter's notice is implemented. Thank you. ----- -- 4 of 4 --