Chandler v Bailey [1991] QSC 389

TRANSCRIPT OF PROCEEDINGS State Reporting Bureau,· 4th Floor, The Law Courts, George Street, BRISBANE. 0. 4000 Tel. (07) 227.4360 • (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.) SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION RYAN J No 189 of 1990 ALLAN KEITH CHANDLER and JOHN PAUL BAILEY TOWNS VILLE .. DATE 26/11/91. ORDER Plaintiff Defendant 1 REVISED COPIES ISS-UED F Court Reporting Bureau Dz.:e,/P//.t / ✓ ?~/ -- 1 of 3 -- ( 10 20 30 40 50 60 271191 ORDER HIS HONOUR: An application has been made for an order that personal service on the defendant of the writ be dispensed with and that an order be made for substituted service to be effected by posting a copy of the writ to the defendant's workpJ.ace at TNT Car Carriers, 324 Woolcock Street, Garbutt. The writ states as the address of the defendant 10 Belum Street, Mt Low. An attempt to serve him there was unsuccessful; so were attempts to serve him at other addresses at which he was reported to reside. In April of this year, information was received that the defendant was working at TNT Car Carriers at 324 Woolcock Street, Garbutt, Townsville. When an attempt was made to serve him at that address a receptionist indicated that he was employed there but at the time absent in Sydney. The manager refused to pass any message to the defendant. Further contact with the defendant's employer. lead him to concede _ that he was out of town or "down south". · On 15 November 1991 the solicitor for the plaintiff attended upon the manager of TNT Car carriers at Woolcock Street who confirmed that the defendant worked for TNT Car Carriers and said that he was travelling to Brisbane on a - job and was due to return to Townsville. He was asked to.have the defendant contact the solicitor so that service of the writ could be arranged, but this has not occurred. -Govt. Printer, Old. 2 10 30 50 -- 2 of 3 -- 10 20 30 40 50 60 271191 ORDER On 19 November 1991 the plaintiff's solicitor sent a letter to the defendant care of TNT Car Carriers at 324 Woolcock street, Garbutt enclosing a copy of the writ and asking him to contact the solicitor. I am satisfied that the plaintiff is unable to effect prompt service of the writ. In order that substituted service may be permitted, it must be clearly shown that the plaintiff in fact is unable to effect personal service and that the writ is likely to reach the defendant or come to his knowledge if the substituted service which is asked for by the plaintiff is adopted. See Porter v Freudenburg (1915) 1 KB 857 at p 888. I consider that the writ is likely to reach the defendant if a copy is posted to his workplace. Accordingly, I make an order in terms of paras 1 and 2 of the summons. The cost of this application will be reserved. --Govt. Printer, Old. 3 10 20 30 40 50 60 -- 3 of 3 --