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Court Procedures Rules
6413Doubtful service—Magistrates Court
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6413 Doubtful service—Magistrates Court
(a) an originating process or other document in a proceeding has
been served on a person under rule 6411 (1) (c) (Service on
individuals generally—Magistrates Court) or rule 6412 (Service
of originating process by post—Magistrates Court); and
(b) the court is satisfied that—
(i) the document did not come to the knowledge of the person
within a reasonable time; or
(ii) there is doubt about whether the document came to the
knowledge of the person within a reasonable time.
(2) The court must not allow any further step in the proceeding to be
taken against the person.
(3) On application by the person or a party to the proceeding, or on its
own initiative, the court must—
(a) strike out or adjourn the proceeding; or
(b) order that the document be re-served on the person in the way
(if any) stated in the order; or
(c) if judgment has been entered because the document was taken
to be served—set aside the judgment; or
Rule 6420
(d) make any other order it considers appropriate.