Luke v Mayoh [1921] HCA 39

Luke v Mayoh [1921] HCA 39

A Judge considering leave to issue a writ for service out of jurisdiction should, in light of sec. 4 of the Service and Execution of Process Act 1901-1918, not limit the issue of writs only to cases where service was permissible under South Australian law. The Federal Act authorizes such service for all writs out of...

Source-derived case information.

Parties
Appellant: Ernest Henry Luke; Respondent: Joseph Mayoh
Jurisdiction
Australia
Judgment Date
22 September 1921
Procedural Posture
Appeal / Appeal From the Supreme Court of South Australia to the High Court of Australia
Outcome
Appeal allowed. Orders below discharged.
Legal Topics
Service Out of Jurisdiction, Breach of Contract, Jurisdiction, Interpretation of Statutes
Civil Procedure Service Out of Jurisdiction Breach of Contract Jurisdiction Interpretation of Statutes

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Parties

Ernest Henry Luke

Appellant

Joseph Mayoh

Respondent

Procedural Posture

Appeal / Appeal From the Supreme Court of South Australia to the High Court of Australia

Legal Issues

  1. 1 Whether leave to issue a writ for service out of jurisdiction should be restricted to cases where the alleged breach occurred within the jurisdiction under South Australian law or extended as permitted by the Service and Execution of Process Act 1901-1918
  2. 2 Whether the Supreme Court's authority to permit service out of jurisdiction is overridden or supplemented by the federal statute

Ratio Decidendi

A Judge considering leave to issue a writ for service out of jurisdiction should, in light of sec. 4 of the Service and Execution of Process Act 1901-1918, not limit the issue of writs only to cases where service was permissible under South Australian law. The Federal Act authorizes such service for all writs out of State Courts of Record without the need to inquire if the cause of action meets the state law limitations.

Court Disposition

Appeal allowed. Orders below discharged.

Orders

  • Appeal allowed.
  • Order of Supreme Court of 4th July 1921 discharged.