s.445Service of documents
445
Section 445Part 18 — LEGAL PROCEEDINGS

Service of documents

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A notice or document authorised or required to be served on a person may be served on that person —
by delivering it to the person;
by leaving it at the person's proper address; or
by sending it by post to the person at the person's proper address.
Any such document required to be served on the master of a ship may be served —
where there is a master, by leaving it for the master on board the ship with the person appearing to be in command or charge of the ship; and
where there is no master, on —
the managing owner of the ship;
if there is no managing owner, on any agent of the owner; or
where no such agent is known or can be found, by leaving a copy of the document fixed to the mast of the ship.
Subject to subsection (4), a document authorised or required to be served on any person may —
in the case of a body corporate, be served on the secretary or clerk of that body; or
in the case of a partnership, be served on a partner or a person having the control or management of the partnership business.
A document required or authorised by or under any enactment to be served on the registered owner of a Cayman Islands ship shall be treated as served —
where there are two or more registered owners, if served on any one of the registered owners; or
if served on the representative person appointed under this Act in relation to that registered owner.
A notice authorised by section 419, 420, 421 or 423 to be given to an inspector may be given by delivering it to the inspector or by leaving it at, or sending it by post to, the inspector's office.
For the purposes of this section, the proper address of a person on whom a document is to be served shall be the person's last known address, except that —
in the case of a body corporate, or its secretary or clerk, it shall be the address of the registered or principal office of that body; or
in the case of a partnership, or a person having the control or management of the partnership business, it shall be the principal office of the partnership,
and for the purposes of this subsection, the principal office of a company registered outside the Islands shall be its principal office in the Islands.
For the purposes of section 52 of the Interpretation Act (1995 Revision), service of documents by post —
a letter containing —
a notice to be served on a person under subsection (4); or
a notice required or authorised to be served under this Act on a representative person within the meaning of this Act,
shall be deemed to be properly addressed if it is addressed to that person at the address for the time being recorded in relation to the person in the register; and
a letter containing any other notice to which subsection (1)(c) applies shall be deemed to be properly addressed if it is addressed to the last known address of the person to be served, whether of the person's residence or of a place where the person carries on business.
Subject to subsection (7), if the person to be served with a notice has specified an address in the Islands other than the person's proper address within the meaning of subsection (6), as the one at which the person or someone on the person's behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section as the person's proper address.

Defined Terms

proper address

Cross References