QLD Does Trespass Invalidate Notice Served?

[Rod]

(b) whereupon the agent pointed out the envelope containing the Form 15 Notice;

How did he point it out? Did he point to an envelope near the fence? Was it clearly still where the process servers placed/hid it? Was it unopened?

These are the sort of details that become important.

 

[Iamthelaw]

1 - Valid service has been effected. You're wasting your time.

2 - Your statement of claim needs to be set out property, from the excerpt you've posted, it's not.

3 - You have no claim for unconscionable conduct based on what you've said - Placing an envelope on someones property is not unconscionable conduct. Moreover, I've never heard of a cause of action for 'trickery' (para 77).

 

[gordonc]

I disagree on the service.

How would you re-format the excerpts posted?

With intrinsic knowledge of the property, delivering an envelope containing a legal notice to a place it is unlikely to be found instead of a place you know it will be found is unconscionable, what else would you call it?

I agree trickery is not a tort but it forms part of the unconscionable conduct, I think I may leave it out.

 

[Timnuts]

Which are, on their facts, of limited relevance to you.

For example, Kuru is about police powers more generally,
and about whether or not new facts (or new offences) arising during the licensed entry
give rise to a separate power to remain.

By comparison, the relevance of Plenty depends in part,
on whether or not this was a "private" notice - from, say, the landlord
(even if given in accordance with the above act),
or from "the Crown" - such as if it was a court order.
Your matter seems to be about a civilian, and a civil matter,
which, again, tends to make Plenty less relevant.

It's also helpful to contemplate that an occupier's right to revoke a licence
does not operate to contradict an authority to enter arising at law from elsewhere
(because the latter does not involve a licence from the occupier).
If it did, then a search warrant would never have effect,
not would a power to enter land held by, say, a firefighter,
or even a meter reader.

Nor will it operate to enable contempt of court.

I, too, was a victim to this situation.

One night a victim when someone came to the front door of my place of residence and tried to steal my car. The police came that night and a report was file and statements were taken.

The next day 2 Cib officers from Port Adelaide police station came to do a check up on that night (so they said I found out they had lied and came from Holden Hill police station.

They were never there for us as a family being the victims that night. This was a planned Trojan horse to gain access to the property because what followed very shortly after a conversation in my front porch will stay in my head and not make me trust the police ever again.

1. I had finished with the 2 Cib officers and was wrapping up our conversation when he asked, "do I have any cameras in the front porch." I replied no, it's a rental

2. 2 Cib officers multiplied by another 3 from the Holden Hill domestic violence unit with camera in hand saying they have a warrant for my arrest for breach of AVO ( I called my ex wife a c*nt)

3. She started re-axing my rights to me, then got to the bit where if I require a lawyer. I can do so, you have the right to remain silent. I said, "yes, I want my lawyer on the phone whilst you do this", and went to get my phone which was just inside the door, then out of. Out of nowhere, 2 more cars entered my property parking across the drive way

4. So I went to get the phone to record the conversation with the police and ring my lawyer, so she can hear their conversation and charges.

5. I just opened the door and with my back turned, she drops the camera which she was meant to be recording with for interview reasons and documentation for evidence ( the camera is on the ground ).

6. With the now 5 police officers at my front door and them rushing me as I went to get my phone, I got frightened and feared for my life and my family inside. I tried to shut the door because I did not invite them in on the first instance.

7. Having a back injury and 1 on 5 tug of war with the front security door, my back gave way and no word of a lie, they had ripped the front security off the hindges and totally damaged our front security door

Is this trespass and or malicious property damage done by the police

I'm in the process of trying to obtain the video footage and the arrest warrant they so called claimed they had for me.

Does this Trojan horse they contoured up, gaining access to my property in the first place, nullify not having an arrest warrant? If they were to just come with the warrant (which I know for a fact this was the case but they didn't give a s**t about us ), but not produce it because it did not exist, even when we asked for it.

I still have nothing from the police.

 

[gordonc]

This is awful Timnuts, no wonder people lose respect and call them pigs.

You should read these High Court authorities :

Plenty v Dillon (regarding SA police) the High Court upheld damages for trespass at $167,000, Plenty v Dillon [1991] HCA 5; (1991) 171 CLR 635 (7 March 1991) ;
and Kuru v State of NSW where the High Court upheld an award of $418,265, Kuru v State of New South Wales [2008] HCA 26 (12 June 2008)

There are also plenty of legal summaries about them on the web. Much quicker and easier to read and understand.

 

[Timnuts]

This is awful Timnuts, no wonder people lose respect and call them pigs.

You should read these High Court authorities :

Plenty v Dillon (regarding SA police) the High Court upheld damages for trespass at $167,000, Plenty v Dillon [1991] HCA 5; (1991) 171 CLR 635 (7 March 1991) ;
and
Kuru v State of NSW where the High Court upheld an award of $418,265, Kuru v State of New South Wales [2008] HCA 26 (12 June 2008)

There are also plenty of legal summaries about them on the web. Much quicker and easier to read and understand.

And they stole my brand new Samsung s7 edge. I only had it for 2 or 3 months, no reciept or registered in the evidence log book. Also, I was told to open my phone, so they could access it and harrassed me with their bullying and threats of your not getting your phone back and we are not going to investigate the guy who tried to steal my car.

And I know who he is now. The police haven't even charged him with anything even though he had pulled a pistol {gun} out on me to intimidate me.

 

[gordonc]

This went far beyond what my original post. The scumbag process server was in fact trespassing and he and his company are being sued for the following because it turned out on his fourth trespass he managed to evict us when we were not home without a warrant of possession even being issued, and later when confronted falsely stated that he had authority to take possession of the premises and then refused to relinquish possession and changed the locks to the house and entry gates:
(i) Unlawful Entry provision of section 202 of the RTRA Act;
(ii) section 48A of the IP Act regarding any entry to a dwelling house or the yard of a dwelling house;
(iii) section 36 of the Act (i.e. Debt Collectors (Field Agents and Collection Agents) Act 2014 - Unlawful Entry;
(iv) section 137 of the Debt Collectors (Field Agents and Collection Agents) Act 2014, for making false or misleading statements to the Office of Fair Trading;
(v) and given that a declaration is sought for a contravention of section 50 of the Australian Consumer Law (ACL), the pecuniary penalty that can apply for a contravention of section 50 of the ACL;
(vi) common law offence of false pretences.

He is obviously a gun for hire that contravenes QLD legislation at will, and I hope to take him down for damages, aggravated damages and exemplary damages.