Practitioners seeking to serve non-resident defendants by substituted service must establish a sufficient jurisdictional connection beyond a temporary business visit; a defendant who has departed the jurisdiction before the writ issues may not be amenable to substituted service.
Later decisions that cite Laurie v Carroll
Decisions cited by Laurie v Carroll
LAURIE v. CARROLL [1958] HCA 4; (1958) 98 CLR 310
Private International Law
High Court of Australia
Dixon C.J.(1), Williams(1) and Webb(1) JJ.
CATCHWORDS
Private International Law - Jurisdiction - Action in personam - In Supreme Court of Victoria - Service of writ of summons - Defendant resident in England - Not connected with Victoria except that visiting State on business - Departure from State prior to issue of writ - Whether jurisdiction to order substituted service - Notice of motion by defendant to set aside ex parte order for substituted service - Claim for further relief going beyond objection that jurisdiction over him could not be obtained by substituted service - Whether waiver of right to object to jurisdiction - Rules of the Supreme Court of Victoria relating to Civil Proceedings 1957, O. IX, r. 2; O. XI, rr. 1-5; O. XII, r. 17.
HEARING
Melbourne, 1957, October 30, 31; November 1; 1958, March 11. 11:3:1958DECISION
John Russell & Co. Ltd. v. Cayzer, Irvine & Co. Ltd. (1916) 2 AC 298