Northpoint Shipping Ltd v Pacific Marine & Civil Solutions Ltd [2016] FCA 1043

Northpoint Shipping Ltd v Pacific Marine & Civil Solutions Ltd [2016] FCA 1043

The Court granted leave because the evidence showed that personal service in Fiji was permitted, the Court had jurisdiction, the proceeding was of a kind described in r 10.42, and the plaintiffs had a prima facie case for relief. In particular, there was a prima facie case that the alleged warranty of authority and alleged misleading or deceptive representation were made in Australia when Mr Rabbidge received Mr Semaan's email attaching the deed of undertaking from the non-existent Pacific Marine & Civil Solutions Inc, so the proceeding was based on a cause of action arising, a tort committed, and an alleged statutory contravention committed in Australia.

Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Admiralty and Maritime Proceeding Concerning Demurrage and Alleged Guarantee, Warranty of Authority, and Misleading or Deceptive Conduct / Interlocutory Application for Leave to Serve the Originating Application and Statement of Claim on the Second, Third and Fourth Defendants in Fiji
Outcome
Leave to serve the originating application, statement of claim and order on the second, third and fourth defendants in Fiji was granted; costs of the interlocutory application were made costs in the cause; the proceeding was stood over for further directions.
Legal Topics
['service Outside Australia' 'demurrage' 'charter Party' 'guarantee or Deed of Undertaking' 'warranty of Authority' 'misleading or Deceptive Conduct' 'jurisdiction']
['admiralty and Maritime' 'civil Procedure' 'consumer Law' 'corporations'] ['service Outside Australia' 'demurrage' 'charter Party' 'guarantee or Deed of Undertaking' 'warranty of Authority' 'misleading or Deceptive Conduct' 'jurisdiction']

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Procedural Posture

Admiralty and Maritime Proceeding Concerning Demurrage and Alleged Guarantee, Warranty of Authority, and Misleading or Deceptive Conduct / Interlocutory Application for Leave to Serve the Originating Application and Statement of Claim on the Second, Third and Fourth Defendants in Fiji

Legal Issues

  1. 1 ['Whether the plaintiffs should have leave under r 10.43 of the Federal Court Rules 2011 (Cth) to serve the originating application and statement of claim on the second, third and fourth defendants in Fiji.' 'Whether the Court had jurisdiction, the proceeding was of a kind mentioned in r 10.42, and the plaintiffs had a prima facie case for some of the relief claimed.' 'Whether there was a prima facie case that the alleged warranty of authority and alleged misleading or deceptive representation were made in Australia by email attaching the deed of undertaking.' 'Whether personal service in Fiji of the Federal Court documents was permitted under Fijian law.']

Ratio Decidendi

The Court granted leave because the evidence showed that personal service in Fiji was permitted, the Court had jurisdiction, the proceeding was of a kind described in r 10.42, and the plaintiffs had a prima facie case for relief. In particular, there was a prima facie case that the alleged warranty of authority and alleged misleading or deceptive representation were made in Australia when Mr Rabbidge received Mr Semaan's email attaching the deed of undertaking from the non-existent Pacific Marine & Civil Solutions Inc, so the proceeding was based on a cause of action arising, a tort committed, and an alleged statutory contravention committed in Australia.

Court Disposition

Leave to serve the originating application, statement of claim and order on the second, third and fourth defendants in Fiji was granted; costs of the interlocutory application were made costs in the cause; the proceeding was stood over for further directions.

Orders

  • ['The plaintiffs have leave to serve the originating application, statement of claim and this order on each of the second, third and fourth defendants in Fiji.' "The plaintiffs' costs of the interlocutory application filed on 7 July 2016 be the plaintiffs' costs in the cause." 'The proceeding be stood over to 2...