BANK OF NEW ZEALAND v ROBINSON [2021] NZHC 270

BANK OF NEW ZEALAND v ROBINSON [2021] NZHC 270 [24 February 2021]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2020-409-626[2021] NZHC 270BETWEEN BANK OF NEW ZEALANDPlaintiffAND KERI YVONNE ROBINSONDefendantHearing: (Determined on the papers)Counsel: K M Paterson and C F Olds for the PlaintiffJudgment: 24 February 2021JUDGMENT OF ASSOCIATE JUDGE LESTERThis judgment was delivered by me on 24 February 2021 at 4.00 pmpursuant to Rule 11.5 of the High Court RulesRegistrar/Deputy Registrar24 February 2021[1] The plaintiff, Bank of New Zealand (BNZ), applies for an order for substitutedservice of its summary judgment proceedings against the defendant, KeriYvonne Robinson.[2] I am satisfied, having regard to the evidence of the processor server involved,Mr van Beek, that reasonable efforts have been made to locate the defendant, the BNZnot having a physical address for her. That an experienced investigator, after searchingall available databases, has not obtained an address for the defendant satisfies me thatit is necessary for there to be an order for substituted service.[3] Mr van Beek's enquiries show that the defendant is in Christchurch and suchhas been confirmed by the defendant's ex-husband, who travels to Christchurch tovisit their children.[4] BNZ has two email addresses for the defendant and a cellphone number.However, attempts to contact the defendant through those means have beenunsuccessful. Emails sent to the email addresses asking the defendant to get in touchto facilitate service have not returned an undeliverable message.[5] Accordingly, I am satisfied BNZ's proceedings cannot be promptly servedother than by way of substituted service.[6] I am further satisfied that the following directions represent methods of servicelikely to bring the documents to the attention of the defendant.Orders[7] I direct that personal service of the:(a) statement of claim dated 16 December 2020;(b) notice of proceeding and summary judgment sought by the plaintiffdated 18 December 2020;(c) notice of interlocutory application for summary judgment dated18 December 2020; and(d) the affidavit of Russell John Robson in support of the interlocutoryapplication for summary judgment, sworn 16 December 2020;together referred to as "the Documents" is dispensed with.[8] I direct that service on the defendant will be deemed to be effected upon thecompletion of the following steps:(a) the documents, together with a copy of this Order, are to be sent byemail to both of the last known email addresses for the defendant, asset out in para 1(b)(i) of the application dated 19 February 2021;(b) an advertisement is to be published in The Press newspaper in terms ofthe advertisement set out in Schedule A to the application dated19 February 2021; and(c) a text message is to be sent to the cellphone number of the defendant asset out in Mr van Beek's affidavit sworn 12 February 2021, advisingthe Court has made an order permitting BNZ's proceedings to be servedby email and that the defendant should check the email addresses whichthe BNZ has previously contacted the defendant on.[9] The Documents will be treated as served three working days after completionof the steps in the preceding paragraph.[10] The application for substituted service is adjourned with leave to the BNZ torequest by memorandum a further order as to substituted service in the event that anyfurther pleadings in this proceeding cannot be promptly served (in which eventcounsel's memorandum should contain confirmation either that the defendant can stillnot be located or attaching evidence as to subsequent difficulties of service).[11] The costs of this application are fixed on a 2B basis and are, withdisbursements, to be costs in the cause.__________________________________Associate Judge LesterSolicitors:Buddle Findlay, Christchurch