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.