PEPPER NEW ZEALAND (CUSTODIANS) LIMITED v MAELE [2017] NZHC 2268

PEPPER NEW ZEALAND (CUSTODIANS) LIMITED v MAELE [2017] NZHC 2268 [19 September 2017]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2017-404-2064[2017] NZHC 2268BETWEEN PEPPER NEW ZEALAND(CUSTODIANS) LIMITEDApplicantAND NAOMI AMANDA MAELERespondentHearing: On the papersCounsel: G M Sandelin and J J K Spring for ApplicantJudgment: 19 September 2017JUDGMENT OF WHATA JThis judgment was delivered by me on 19 September 2017 at 3.00 pm,pursuant to Rule 11.5 of the High Court Rules.Registrar/Deputy RegistrarDate: .Solicitors: Minter Ellison Rudd Watts, Auckland[1] The applicant entered into a loan agreement with the respondent, Ms Maele. The loan was secured by a mortgage over a property in Flaxmere. The applicant claims Ms Maele has defaulted on that loan agreement. The applicant now wishes to exercise its power as mortgagee to sell the Flaxmere property. This requires, among other things, it to serve a notice on Ms Maele outlining the default, available remedy, and consequence if the default is not remedied (the PLA notice).1[2] Three affidavits are attached to the application, evidencing the applicant has tried to effect personal service on the respondent at her Flaxmere address (the property subject to the mortgage) and at an address in Australia. Attempts at contacting Ms Maele by email address and phone have also proven fruitless. A further Australian contact number was obtained but that has also proved ineffective.[3] The applicant, therefore, is seeking that personal service be dispensed with and service on the respondent effected by:(a) emailing a copy of the PLA notice, together with a copy of the sealedorder for substituted service to the respondent's email address,naomituala@gmail.com; and(b) delivering a copy of the PLA notice, together with a copy of the sealed order for substituted service, to the last known address of the respondent, being 8 Lara Court, Hallam, Victoria, Australia and leaving it with an occupant at the property. If no one is present at the property, the documents should be affixed to the front door.Assessment[4] I am prepared to grant the application, subject to an additional requirement, namely that a copy of the PLA notice also be left, together with a copy of the sealed order for substituted service, at the Flaxmere property. Service of the PLA notice on the respondent will be deemed to have been effected upon completion of all steps.[5] Costs on this application are reserved.1 Pursuant to Property Law Act 2007, ss 119 and 120.[6] There shall be orders accordingly.