Jane Hill Pty Ltd v Weeding [2003] VSC 218

Supreme Court of Victoria|2003-05-27|Before: CUMMINS J

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.

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.

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.

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