(1)A summons issued against a person must, as far as is reasonably practicable, be served in accordance with the mode of service referred to2021mentioned2021 in section 3(1)(a).
Section history
Section 116 — Service of summons
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(2)A summons issued against a body corporate or a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service referred to2021mentioned2021 in section 3(1)(g)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership.
(3)A summons issued against a partnership other than a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service referred to2021mentioned2021 in section 3(1)(h)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership.
(4)A summons issued against an unincorporated association must, as far as is reasonably practicable, be served in accordance with the mode of service referred to2021mentioned2021 in section 3(1)(i)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association.
(5)Notwithstanding2021Despite2021 subsections (1) to (4), a summons may be served in any manner referred to2021mentioned2021 in section 3(1) if any of the following persons,2021persons2021 as2021(as2021 the case may be,2021be)2021 consents to such mode of service:
(a)the person on whom the summons is to be served;
(b)the director, manager or secretary or other like2021similar2021 officer of a body corporate or limited liability partnership on whom the summons is to be served;
(c)any of the partners or the secretary or other like2021similar2021 officer of a partnership (other than a limited liability partnership) on whom the summons is to be served; or2021
(d)the president, the secretary or any member of the committee of an unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee) on whom the summons is to be served.
(6)Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, the summons may be served by leaving a copy thereof for him or her 2021with some adult member of his or her 2021family or with his or her 2021employee residing with him.2021him or her.2021
(7)Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, and the summons cannot be effected in accordance with subsection (6), the serving officer shall2021must2021 affix a copy of the summons to some conspicuous part of the place in which the person summoned ordinarily resides, and in such a case, the summons, if the court so directs before or after such affixing, shall be2021is2021 deemed to have been duly served.