Cairns Property Development v Madrigal Cairns Pty Ltd & Anor [2001] QSC 19

1\i~/''. zl 02, S or .o l q 1~~ .. -··:-::-- "iState Reporting Bureau l\\; ; ·,~ . . ---~--,,.;.......,._ .... TRANSCRIPT OF · Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. .~ , . ) -.;.. _,;:"_·,.; ... - .. suP:R.EME ,COURT OF QUEENSLAND._.,•. • .. •.. :;CIVIL JURISDICTION .. ' J_QNES J Application No 140 of 2000 CAIRNS PROPERTY DEVELOPMENT and. MADRIGAL CAIRNS PTY LTD and RICHARD JAMES WILLIAM PIPER CAIRNS .. DATE 29/01/2001 JUDGMENT 11111;, The La~v Courts; Gl'Orgc SI reel, Brisliant•, Q ..HJ()() Applicant/Plaintiff First Respondent/First Defendant Second Respondent/ Second Defendant Telephone: (07) J2-17 -1.HiO F:1x: {117) 32-n ::~.12 J ! I.... ·f -- 1 of 2 -- 2~012001 D.l T6/LET M/T CNS0lS/2001 (Jones J) HIS HONOUR: This is an application by the plaintiff for substituted service of the originating procedures on the second defendant, Richard James William Piper. The course of action arises out of a real estate transaction between the plaintiff and the first defendant. Mr Piper was both a guarantor and a person with principal liability under. the terms of the agreement. IO / Despite considerable efforts to serve Mr Piper, the plaintiff has been unsuccessful in effecting personal service. However, there has been tendered before me, exhibited to the affidavit of Mr Lane, correspondence which indicates that solicitors Kosmin and Associates, who act for the first and second defendants, have been in contact with the second defendant, although they do not have any instructions to accept service on behalf of their client. 20 ( The request, really, is to bring these proceedings to the attention of Mr Piper. I believe that will be done if an order is made for substituted service on Mr Piper's solicitors, given the level of contact that appears to have been maintained between the firm of solicitors and Mr Piper. 30 40 I therefore make orders in terms of the draft initialled by me 50 and placed with the papers. 60 ( ( -- 2 of 2 --