Australia and New Zealand Banking Group Ltd v Ryan & Mann [2006] QDC 21

1 WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. [2006] QDC 021 DISTRICT COURT CIVIL JURISDICTION JUDGE ROBIN QC No BD3269 of 2005 AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (ACN 005 357 522) Plaintiff and PETER FRANCIS RYAN First Defendant and LENORE KAREN MANN Second Defendant BRISBANE ..DATE 03/02/2006 ORDER CATCHWORDS: Uniform Civil Procedure Rules r 116 - order in application "on the papers" for substituted service of a defendant resident in a secured high-rise apartment block in face of difficulties encountered in meeting him for service. -- 1 of 2 -- 03022006 T24/PCC29 M/T CMS11/2006 (Robin DCJ) 2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: This is an application "on the papers" for an order for substituted service on the first defendant. The affidavit material shows that he has changed his residence from one "secured high-rise apartment block" at Main Beach on the Gold Coast to another. It is proving difficult for the process server to effect service. Such verbal contact as he has achieved - likewise, such verbal contact as the plaintiff's solicitor has achieved - is never followed up by return contact from Mr Ryan who, it seems, is unlikely to be physically available for service by ordinary, reasonable efforts. An order for service in another way pursuant to rule 116 is therefore appropriate. A draft order has been provided which contemplates service by "leaving a copy of the claim" with the manager at the new residential address and "forwarding a copy of the claim by ordinary pre-paid mail" to that address. The order, as initialled by me to indicate the Court's imprimatur, contains three amendments: the word "also" is added at the end of (a) to make it clear that both modes of service are required. In addition, since the order deals with service of the claim and statement of claim, I have inserted in each of (a) and (b) after the word "Claim" the following: "and statement of claim, together with a copy of this order". Order as per initialled draft, which incorporates the above changes. ----- -- 2 of 2 --