High Court of Australia
fa IN THE HIGH COURT OF AUSTRALIA - Ne . en | a XEQMANS, REASONS FOR JUBGMERT
JUDGMENT
McGEE
YEOMANS
MASON J.
McGEE
Vv.
YEOMANS
On llth April 1975 the plaintiff issued a writ out of the Principal (New South Wales) Registry of this Court against the defendant claiming damages for negligence for personal injury. On the same day the plaintiff filed a statement of claim which alleged that the action was one in which the Court had original jurisdiction because the plaintiff was a resident of New South Wales and the defendant was a resident of Victoria (s. 75(v) of the Constitution). The cause of action pleaded was that on 14th April 1969 the plaintiff was injured when a Ford motor vehicle which he was driving on a public road at Ingleburn in New South Wales was struck by a Mazda sedan negligently driven by Maurice Henry Yeomans ("the deceased"). The statement of claim then alleged that the deceased died and that on 28th October 1969 letters of administration in his estate were granted to the defendant by the Supreme Court of Victoria. The writ was filed and not served. It was renewed for a period of six months on 8th April 1976 and was subsequently served on 15th July 1976.
The defendant then took out a notice of motion seeking orders setting aside the writ and service of the writ on a variety of grounds of which only cne has been pressed in argument. This ground is that the statement of claim discloses
no cause of action in that the only grant of representation in
the estate of the deceased was to the defendant in Victoria
and that no grant has been made in New South Wales. The
notice of motion evidently proceeded on the assumption that
this was a matter which went to the jurisdiction of the court,
a notion now conceded to be erroneous, whereas in law it is
a matter which in this Court goes to the existence of a cause
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