Where a payment order cannot be served except by public notice, what must the applicant's papers show, and what follows if they do not?
General information · Not legal advice
Material to check
In a practice file we read the application for a payment order to see which listed kind of creditor applied and on what claim, any paper showing that the debtor's address is unknown so service depends on public notice, and the papers setting out the facts behind the loan, reimbursement or deposit said to be due.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats this as a duty on the application: where a creditor of a kind listed in the provision applies on a loan, reimbursement or deposit claim, or a claim assigned from one of those, obtained and exercised in its business or enterprise, and the order cannot be served except by public notice, the creditor must set out the cause of action, and without that showing the court dismisses the application by decision, including where the order cannot be made for only part of the claim.
Another reading stresses the limits: the provision does not say how much must be set out to satisfy the showing, it does not require proof of every fact alleged, and it bars any contest against the dismissing decision, so the sufficiency of the showing is examined on the papers in the file.
Your judgment
What in this file would show both that service depends on public notice and that the cause of action has been set out in enough detail?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change what must be shown or to allow a contest against the dismissing decision, or if a court decision sets what counts as a sufficient showing of the cause of action.