Renault SAS v Nissan Motor Car Carrier Co Ltd [2007] FCA 1068

Renault SAS v Nissan Motor Car Carrier Co Ltd [2007] FCA 1068

The material showed a strong prima facie case that Leif Höegh & Co Shipping AS had full possession and control of the vessel under a lease amounting to a demise or bareboat charter and was therefore a bailee of the damaged goods. As the fourth defendant was a Norwegian company and service by private agent in Norway was permitted with relevant translations, there was ample basis to grant leave to join it and serve it outside the jurisdiction.

Jurisdiction
Australia
Judgment Date
17 July 2007
Procedural Posture
Claim for Damages for Vehicles Carried by Sea to Australia and Damaged in the Hold of a Ship / Amended Notice of Motion Seeking Leave to Join and Serve Out of the Jurisdiction the Proposed Fourth Defendant
Outcome
Leave granted to amend the statement of claim and application to add Leif Höegh & Co Shipping AS as fourth defendant and to serve the fourth defendant in Norway.
Legal Topics
['joinder of Defendant' 'service Out of the Jurisdiction' 'carriage of Goods by Sea' 'bareboat Charter' 'bailment']
['civil Procedure' 'admiralty and Maritime Law'] ['joinder of Defendant' 'service Out of the Jurisdiction' 'carriage of Goods by Sea' 'bareboat Charter' 'bailment']

Case Brief

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Procedural Posture

Claim for Damages for Vehicles Carried by Sea to Australia and Damaged in the Hold of a Ship / Amended Notice of Motion Seeking Leave to Join and Serve Out of the Jurisdiction the Proposed Fourth Defendant

Legal Issues

  1. 1 ['Whether the plaintiffs should have leave to join Leif Höegh & Co Shipping AS as fourth defendant.' 'Whether the plaintiffs should have leave to serve the fourth defendant outside the jurisdiction in Norway.' 'Whether the material established a sufficient basis that the fourth defendant was in possession of the vessel and was a bailee of the goods.']

Ratio Decidendi

The material showed a strong prima facie case that Leif Höegh & Co Shipping AS had full possession and control of the vessel under a lease amounting to a demise or bareboat charter and was therefore a bailee of the damaged goods. As the fourth defendant was a Norwegian company and service by private agent in Norway was permitted with relevant translations, there was ample basis to grant leave to join it and serve it outside the jurisdiction.

Court Disposition

Leave granted to amend the statement of claim and application to add Leif Höegh & Co Shipping AS as fourth defendant and to serve the fourth defendant in Norway.

Orders

  • ['The first and second plaintiffs have leave to amend the statement of claim and application to add Leif Höegh & Co Shipping AS as fourth defendant and to file the amended statement of claim and application.' 'The first and second plaintiffs pay the costs, if any, thrown away by reason of the amendment.' 'Pursuant...