Murray and Kings

In the matter of *Murray and Kings*, heard by Gill J, the applicant sought permission to serve proceedings upon the respondent. The core of the dispute, as presented to the court, concerned the applicant's ability to effect service and the potential for the case to be dismissed without service.

The primary legal issue before the court was whether the applicant should be granted leave to serve the proceedings on the respondent, or alternatively, whether the applicant's case should be dismissed without such service. This required the court to consider the appropriate procedural steps and the conditions under which service might be dispensed with or ordered.

Gill J ordered that the matter be listed for an ex parte hearing to determine the question of service. Crucially, the court did not permit the applicant to serve the application or affidavit upon the respondent pending this next hearing. The father was granted leave to attend the hearing by telephone. The final outcome of the application regarding service was therefore deferred to a future date.