Service with conditions or dispensing with service
136 Service with conditions or dispensing with service
A party who is unable to serve a document may apply, without notice, for an order —
to serve the document in another way; or
to dispense with service of the document, with or without conditions.
The factors the court may have regard to when considering an application under subrule (1) include —
the proposed method of bringing the document to the attention of the person to be served; and
whether all reasonable steps have been taken to serve the document or bring it to the notice of the person to be served; and
whether the person to be served could reasonably become aware of the existence and nature of the document by advertisement or another form of communication that is reasonably available; and
the likely cost of service; and
the nature of the case.
A document is taken to be served if the court orders that service of a document is to be —
dispensed with unconditionally; or
dispensed with on a condition that is complied with.
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