Court Procedures Rules 2006

This rule applies if an originating application in a proceeding to recover unoccupied land cannot be served on the defendant without unreasonable delay or expense.

The court may order that the application may be served by attaching a stamped copy of the application to a door of a house, or to something else at another conspicuous place, on the land.

An order under subrule (2) may direct that the application be taken to be served on the defendant at the end of a stated time.

If an application has been served by attaching a stamped copy of the application to something at a conspicuous place on the land other than under an order under subrule (2), the court may order that the application be taken to be served on the defendant on a date stated in the order.

Service under this rule is taken to be personal service.

Part 6.2 (Applications in proceedings) does not apply to an application under this rule.

An application under this rule is made by filing in the court—

a draft of the order sought; and

an affidavit in support of the order.

The draft order and supporting affidavit need not be served on anyone unless the court otherwise orders on its own initiative.

Unless the court otherwise orders on its own initiative, an application under this rule may be dealt with without a hearing and in the absence of the parties.

For the jurisdiction of the Magistrates Court in relation to title to land, see the Magistrates Court Act 1930, s 264 (Proceedings affecting title to land).