Search Summary: 

Civil Procedure - appeals - case stated - appeal not precluded by judgment on special case stated - different issues may be raised by
appeal: Under the Supreme Court Amendment Ordinance, 1912, r.30, the Full Court may send back a special case stated to the court below for any amendment which has a close bearing upon the point submitted to it, but it may not require the addition of an entirely new question for its consideration; since judgment on a special case stated does not
preclude an appeal, however, it may be possible to raise on appeal matters not contained in the case stated (page 10, line 26 -page 11, line 3; page 11, lines 29-34).

Civil Procedure - execution - attachment of person - defaulting judgment debtor may be imprisoned on proof of ability to pay -
evidence of means since date of order relevant: Section 15 of the Debtors Ordinance, 1883, which abolishes imprisonment for debt except in specified circumstances, does not affect the procedure relating to
defaulting judgment debtors set out in ss. 27 and 29 of the Ordinance, and a court may therefore issue a writ of attachment against the person of a defaulting judgment debtor on proof of his ability to pay the
instalments of a judgment debt (page 11, lines 5-24) and (per McDonnell, Ag. J. at page 10, lines 21-31; page 10, line 40- page 11, line 4) the evidence establishing the debtor's ability to pay should be evidence of his means since the date of the instalment order.

Law Report Citation: 
1920-36 ALR S.L. 6