Bennett v Bunge [2004] QSC 466

State Reporting Bureau j^coQQSC 466 Queensland Government Department of justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown, Copies thereof must not be made or sold without the written authority )f the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J No 469 of 2003 REBECCA MARY BENNETT and BARRY MAX BUNGE CAIRNS' .. DATE 09/12/2004 JUDGMENT REVISED COPIES ISSUED State Reporting Bureau Date: 16 December, 2004 J Plaintiff Defendant l/ARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal ffence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for leir protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those ategories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 h Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- 1 HIS HONOUR: This is an application by the plaintiff for an order for substituted service on the defendant by service on his mother, who resides at 183 Peter Street, Rockhampton and by additionally advertising in the Queensland Courier Mail in accordance with a schedule which is marked A, exhibited of the affidavit of Mr Pinder. The application is made pursuant to rule 27 of Uniform Civil Procedure Rules and rule 116 of the said rules. Despite extensive searches undertaken to establish the whereabouts of the defendant, the plaintiff has not been successful in locating his whereabouts and therefore serving the initiating proceedings on him. The plaintiff's claim for damages arises in relation to a work related injury. The WorkCover was served in a timely way and has at all times had notice of these proceedings. The applicant has established that there is occasional irregular contact between the defendant and his mother. Details of that contact is set out in a letter of Central Queensland Collection Agency, Exhibit J and LP5 to the affidavit of Mr Pinder, sworn on the 6th day of December 2004. I am satisfied that proper efforts have been made to locate the defendant. I am satisfied also, that it is probable that the details of these proceedings will come to the knowledge of the defendant by means of the two approaches to substituted 09122004 D.l T5/AS M/T CNS1/2004 (Jones J) 10 20 30 40 50 2 JUDGMENT 60 -- 2 of 3 -- service which have been detailed in the affidavit of Mr Pinder . I therefore make orders in terms of the draft initialled by me and placed with the papers . 09122004 D.l T5/AS M/T CNS1/2004 (Jones J) 1 10 20 30 40 50 3 JUDGMENT 60 -- 3 of 3 --