Section 328: Additional provisions relating to service
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
328. Additional provisions relating to service
(1) Subject to subsection (2), for the purposes of sections 324 to 327—
(a) where a document is to be served by delivery to a natural person, service shall be made—
(i) by handing the document to the person; or
(ii) where the person refuses to accept the document, by
bringing it to the attention of, and leaving it in a place accessible to, the person;
(b) a document posted or delivered to a post office box is deemed
to be received within 7 days, or any shorter period as the Court
may determine in a particular case, after it is posted or delivered;
(c) a document sent by facsimile machine is deemed to have been
received on the working day following the day on which it was
sent;
(d) in proving service of a document by post or by delivery to a post
office box it shall be sufficient to prove that—
(i) the document was properly addressed;
(ii) all postal or delivery charges were paid; and
(iii) the document was posted or was delivered to the document exchange;
(e) in proving service of a document by facsimile machine, it is sufficient to prove that the document was properly transmitted by
facsimile to the person concerned.
(2) A document shall not be deemed to have been served or sent or delivered to a person where the person proves that, through no fault on his
part, the document was not received within the time specified.
PART XXVIII – OFFENCES AND PENALTIES
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Questions this section answers
- When is a posted document treated as having been received?
- Can I show a document was never actually served even though it was properly posted?