LUNDGREN v. O’BRIEN

[1921] VLR 200·CUSSEN, J. and McARTHUR, J.
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[1921] VLR 200
1921 VLR 200
LUNDGREN v. O’BRIEN Supreme Court of Victoria CUSSEN, J. and McARTHUR, J. April 5, 06 April 1921 Arrest — Mesne process — Defendant about to remove permanently from jurisdiction — Defendant having no assets within the jurisdiction — Probability of action being defeated unless defendant arrested — Test as to when order should be made — Supreme Court Act 1915 (No. 2733), ss. 147, 149 .

The fact that a defendant is about to remove permanently from the jurisdiction is not in itself sufficient to warrant the making of an order under sec. 147 of the Supreme Court Act 1915, directing the arrest of such defendant; it must also be shown that there is probable ground for believing that the action will be defeated unless the defendant be apprehended.

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[1921] VLR 200

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