High Court of Australia
OF AUSTRALIA.
[HIGH COURT OF AUSTRALIA.)
DUKE . : 3 APPELLANT ; Painter,
MAYOH 4 . . Resronpent. DEFENDANT,
ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.
Practice Writ for service out of jurisdiction—Teeue of writ in South Australia— Action for breach of contract—Breach not in South Australia—Service and Execution of Process Act 1901-1918 (No. 11 of 1901—No, 29 of 1918), secs. 4, M1, 18—Rules of the Supreme Court 1913 (S.A.), Order TL, 1.43 Order X., 1.1.
By Order IL, r. 4, of the Rules of the Supreme Court (S.A.) it is provided 'that " No writ of summons for service out of the jurisdiction... shall be issued without leave of the Court or a Judge." By Order X., r 1, it
provided that "Service out of the jurisdiction of any originating proceed- ing . . . may beallowed by the Court or a Judge + (ar) When
the relief sought against the party isin respect of a breach within the jurisdi tion of a contract wherever made."
By sec. 4 of the Service and Execution of Process Act 1901-1918 it is provided 'that " (1) A writ of summons issued out of or requiring the defendant to appear 'at any Court of Record of a State or part of the Commonwealth may be served fn the defendant in any other State or part of the Commonwealth.
Held, that, on an application to a Judge of the Supreme Court of South Australia for leave to issue a writ for service in another State, he should not restrict the issue of such a writ to eases in which it could have been effectively served under the law of South Australia, and should grant the Jeave without
considering whether the cause of action was within the cases specified in see. Mo the Service and Execution of Process Act.
Decision of the Supreme Court of South Australia reversed,
HC. or A. 1921. nw
AvELAIDE,
Sept. 19, 22.
Knox C3. ich Starke 33,
H.C. or A. Avprax from the Supreme Court of South Australia to the High
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