28 Mar 2013
BRIAN STEWART COPLAND V WAYNE ERNEST GOODWIN HC DUN CIV-2012-412-000519
- Citation
- openlaw-e480ea07_0e6c_4d7e_8b62_a84cecc5a6cf.pdf
- Court
- High Court
Although the substituted service order was made without the necessary evidentiary foundation of reasonable attempts at personal service and should not have been made ex parte, the order remained in force and was not challenged; service was deemed effected, the debtor had notice, the asserted cross‑claim lacked sufficient substance or particulars to displace adjudication, no prejudice resulted from the procedural defect and the discretionary factors under s37 weigh in favor of adjudication; accordingly the court adjudicated the debtor bankrupt.