JONES v. JONES

[1928] VLR 24·Irvine, C.J., Mann, J., Wasley, A.-J.

[1928] VLR 24

1928 VLR 24

JONES v. JONES Supreme Court of Victoria Irvine, C.J., Mann, J., Wasley, A.-J. 1 December 1927 Attachment — Writ of — Practice — Execution in Victoria of writ issued in New South Wales — Writ obtained ex parte — Notice to respondent necessary in Victoria — Discretion to grant leave to execute — Oppressiveness — Leave refused — Service and Execution of Process Act 1901-1924 (No. 11 of 1901, No. 26 of 1924), s. 19 (1) — Rules of Supreme Court 1916, Order XLIV., r. 2 .

Upon an application under sec. 19 (1) of the Service and Execution of Process Act 1901-1924 for leave to execute in Victoria a writ of attachment issued out of the Supreme Court of New South Wales for non-compliance with an order to pay alimony, it appeared that the writ was issued ex parte, but was issued in accordance with the law of that State and was a perfectly good and valid writ in New South Wales. It did not appear that the New South Wales Court knew, as the fact was, that the respondent was not in New South Wales.

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[1928] VLR 24

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