MAGISTRATES COURT OF QUEENSLAND

                                                                                                 REGISTRY: Ashville

                                                                                                 NUMBER: M123457 of 2013

Plaintiff:                                  Ronal Robertson

                                                      AND

Defendant:                              Debra Dingwell

AFFIDAVIT

I, Ronal Robertson of 5 Ash Drive, Ashville, in the State of Queensland, MAKE OATH AND SAY AS FOLLOWS:

  1. I am Ronal Robertson of 5 Ash Drive, Ashville, QLD.
  2. I am the applicant in these proceedings.
  3. I have not received any money from the defendant regarding my claim.
  4. This action arises from a dispute over monies owed following a motor vehicle accident that occurred between myself and the defendant.
  5. I have had proceedings issued to resolve the dispute, however have been unable to issue the statement of claim upon the defendant as I have been unable to locate her.
  6. At the time of the accident the defendant told me she lived in the Gumtown area. She gave me her address as 7 Acorn Court, Gumtown.
  7. Soon after the accident I phoned the defendant’s address and spoke with her mother who told me she had moved address. The defendant’s mother stated she would get her daughter to contact me once she had settled in.
  8. The defendant’s mother also instructed me to send any correspondence to the defendant’s old address and that she would pass it onto her daughter.
  9. The defendant failed to contact me following this discussion I had with her mother.
  10. I was informed by the Secretary of the Miscellaneous Workers Union that the defendant is a member of the Union. I sent a letter to the Union requesting the defendant’s address but was advised by the Secretary that he is not at liberty to disclose her address to me.
  11. I have searched the electoral roll in Queensland for the defendant with no success.
  12. I have also searched the records of the Department of Motor Transport and was unable to find any record of the defendant holding a driver’s licence in Queensland, or that she owns a car.
  13. I then visited the defendant’s mother at the address the plaintiff had originally given me. Her mother would not disclose to me the defendant’s new address.
  14. The defendant’s neighbours stated to me that they had not seen her for some weeks and did not know where she was now living.
  15. I have now exhausted all means to contact the plaintiff.
  16. Accordingly I wish to be granted a substituted services order for the statement of claim.
  17. I wish to ask the court to order service by post of the Statement of Claim on the Miscellaneous Workers Union requesting the Secretary forward it to the Defendant.
  18. I also wish to have the statement of claim served personally on the defendant’s mother requesting the she give it to her daughter.
  19. I plan to place an ad in the local paper advising of the proceedings and how the statement of claim is to be served.
  20. I request that this court make these orders.

Sworn by Ronal Robertson on 1 February 2013 at Inns and Partner Lawyers, Level 7, Corporate Centre 2, Corporate Court, Bundall QLD 4217 in the presence of:

Signed:          Ronal Robertson                     Jane Burrows

                         Deponent                       Justice of the Peace

Who certifies that the affidavit was read in the presence of the deponent who seemed to understand it, and signified that that person made the affidavit.