New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Evasion of service

Legal area

Court

2 Mar 2020

MALLEY & CO LAWYERS (A FIRM) v BRYANT [2020] NZHC 341

Citation

[2020] NZHC 341
Court

High Court

The judge found that the process server made reasonable efforts at known addresses, the judgment debtor was residing at the family address and evading service, and the bankruptcy notice could not be promptly personally served; accordingly r 6.8 permitted dispensing with personal service and substituted service on the debtor's father was ordered, with the notice treated as served on delivery to him.
19 Nov 2014

BRUN-SMITS v CLOUGH [2014] NZHC 2880

Citation

[2014] NZHC 2880
Court

High Court

Because the evidence showed the first defendant was aware of the proceedings yet actively taking steps to avoid service, the court granted substituted service as necessary to prevent the defendant sheltering behind a refusal to accept service; accordingly service by local newspaper advertisement and service on Anderson Lloyd was ordered.