16. Personal service on an individual

(1) A claim form is served personally on an individual by leaving it –
(a) at his place of residence;
(b) at his workplace; or
(c) in any other location, provided the individual physically receives the document.
Personal service on individual - place of residence
(2) In relation to Rule 16(1)(a) −
(a) if the individual to be served refuses to receive the document and the person serving the document:
(i) informs the individual of the nature of the document; and
(ii) leaves the document in the individual’s presence,
the document is deemed to have been served on the individual at the time of the refusal;
(b) if the individual to be served is not able to be located at his place of residence at the time of service, the server may leave the document with a person at that place provided that the person who receives the document:
(i) is, or appears to be, over the age of 18;
(ii) is told of the nature of the document by the server; and
(iii) agrees to pass the document onto the individual to be served;
(c) if:
(i) a person refuses to receive the document under Rule 16(2)(b); or
(ii) the server has attended the individual’s place of residence on at least two separate occasions and can find no one at the individual’s residence to whom the document validly can be left, then on the second or any subsequent occasion,
the server may affix the document clearly on the door or gate of the residence.
(3) For the purpose of Rules 16(2)(b) and (c), the claim form shall only be deemed to have been served on the individual when the claimant sends an email, mobile text message (SMS), or WhatsApp (or like messaging) to the individual informing them of the arrangements that have been made to serve the document, unless such contact details are not available to the claimant in which case this paragraph shall not apply.
Personal service on individual – workplace
(4) In relation to Rule 16(1)(b) −
(a) if the individual to be served refuses to receive the document and the person serving the document:
(i) informs the individual of the nature of the document; and
(ii) leaves the document in the individual’s presence,
the document is deemed to have been served on the individual at the time of the refusal;
(b) if the individual to be served is not able to be located at his workplace at the time of service, the server may leave the document with a member of management or a co-worker provided that the member of management or co-worker who receives the document:
(i) is, or appears to be, over the age of 18;
(ii) is told of the nature of the document by the server; and
(iii) agrees to pass the document onto the individual to be served;
(c) if:
(i) a member of management or a co-worker refuses to receive the document under Rule 16(4)(b); or
(ii) the server has attended the individual’s workplace on at least two separate occasions and can find no one at the individual’s workplace with whom the document validly can be left, then on the second or any subsequent occasion,
the server may affix the document clearly on the door or gate of the individual’s workplace.
(5) For the purpose of Rules 16(4)(b) and (c), the claim form shall only be deemed to have been served on the individual when the claimant sends an email, mobile text message (SMS), or WhatsApp (or like messaging) to the individual informing them of the arrangements that have been made to serve the document, unless such contact details are not available to the claimant in which case this paragraph shall not apply.
Personal service on individual – general provision
(6) Where a claimant has reason to believe that an address of the individual to be served is an address at which that individual no longer resides or works, the claimant must take reasonable steps to ascertain the address of the individual’s current residence or workplace and to effect service there.
Amended on November 30, 2020