Jane Hill Pty Ltd v Weeding

[2003] VSC 218

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

PRACTICE COURT

No. 5990 of 2003

JANE HILL PTY LTD	Plaintiff
v
JANE HILL PTY LTD and J.W.M. WEEDING	1st Defendant 2nd Defendant

---

JUDGE:	CUMMINS J
WHERE HELD:	Melbourne
DATE OF HEARING:	27 May 2003
DATE OF JUDGMENT:	27 May 2003
CASE MAY BE CITED AS:	Jane Hill P/L v Weeding & Anor
MEDIUM NEUTRAL CITATION:	[2003] VSC 218

---

---

APPEARANCES:	Counsel	Solicitors
For the Plaintiff	MR P.J. Hayes	Scanlan Carroll

HIS HONOUR:

1. I have before me a summons on originating motion filed today, 27 May 2003 by Jane Hill Pty Ltd seeking urgent relief in relation to the removal and dissipation of assets against the second defendant,  Mr James Weeding.  The matter is ex parte.  In support of the summons there is an affidavit of Jane Caroline Hill sworn 26 May 2003 of 12 paragraphs setting forth the history of the matter as deposed by her, together with exhibited material,  and two affidavits of Mr J.F. Carroll, a solicitor of this court, both sworn today, setting forth attempts to contact and serve the second defendant.

1. Notably in exhibition to one of the affidavits of Mr Carroll is a letter from Messrs Rennick and Gaynor, Solicitors, of 431 Riversdale Road, Hawthorn East,  dated 26 May 2003 over the hand of Mr D. Gillard, Solicitor who states the he does not presently have instructions to accept service of the proceeding and that his last contact with Mr Weeding confirmed that Mr Weeding was unsure of where he might be living and thus was not immediately contactable.

1. Given the circumstances set out of the attempts to contact Mr Weeding and the difficulty such attempts have encountered, I am satisfied to issue the order sought in relation to all but the mandatory injunction.  I think that with the mandatory injunction further steps should be taken before such order is issued.  If by the end of this week all those steps prove inefficacious I would consider granting the mandatory injunction.  Otherwise I am satisfied on the factual material deposed to by Ms Hill and the earnest efforts of Mr Carroll also deposed to that ex parte orders sought as to restraint and service and return ought be granted.

1. Accordingly, I shall make the orders sought which I will sign this afternoon and they may then be served in accordance with the terms of the orders as presently before me.  I will direct that the matter return to this court at 2.15 p.m. next Friday, that is Friday 30 May 2003 for hearing.  I will reserve costs.