29 VLR 92ATLAS COMPANY OF ENGINEERS v. YORK Supreme Court of Victoria HODGES, J. June 18, 26 June 1903The Service and Execution of Process Act 1901, No. 11 (Commonwealth), ss. 4, 6, 21 — Ineffective service of copy writ — Judgment — Irregularity or nullity — Further proceedings for same debt.
The plaintiff, who was a resident in the State of Victoria, issued a writ of summons against the defendant, a resident of the State of New South Wales, under the provisions of the Service and Execution of Process Act 1901. The copy of such writ was not properly indorsed when served upon the defendant. The plaintiff obtained an order against the defendant, who did not appear, at the Court of Petty Sessions at Melbourne, where the case came on. This order was registered in New South Wales under sec. 21, and the defendant then obtained an order in New South Wales staying proceedings on such registered certificate. Some months afterwards the plaintiff issued another summons for the same debt, which summons was properly served, and the defendant appeared. An order was made against the defendant under this summons, and upon an order to review such order, on the ground that it was bad, inasmuch as the first judgment or order was still in existence,