Case scenario regarding freewheeling Darwin property investor Kylie Risk

Assignment: Case scenario regarding freewheeling Darwin property investor Kylie Risk

Assume that Kylie has heard that Peruvian backpacker handyperson (and defendant) Jaime Iglesias has returned to Darwin but is lying low to avoid service of a writ on him. She has been told, however, that he is a frequent user of Facebook and has his own page with lots of posts and photos of himself engaged in a range of activities. Kylie has also heard that he has been staying on an irregular basis at various Airbnb premises run by another Darwin property investor Bob Symes, with whom she is vaguely acquainted. However Bob won’t confirm this fact and Kylie suspects he may be protecting Jaime so he can also use him for dodgy cheap building work.

Kylie instructs you about these developments and seeks your advice as to how she can go about getting Jaime served with the writ.

  • (1)  Advise Kylie of how she may go about obtaining an interlocutory order for substituted service under the NT Supreme Court Rules. Cite relevant cases and principles and indicate what evidence would be needed to obtain an order for substituted service on Jaine:
    1. Via his Facebook page;
    2. By personal service on Bob Symes.

(2)  Draft the summons and affidavit/s necessary to obtain these orders for substituted service. Omit formal parts but include the header.

[20 marks]

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