Tiezone Pty Ltd v Schenker Stinnes Logistics [2003] FCA 281

Tiezone Pty Ltd v Schenker Stinnes Logistics [2003] FCA 281

Leave to serve outside Australia was granted because the plaintiffs established a sufficient prima facie basis under Order 8: against the first defendant through the house bill and alleged damage before delivery in Sydney, and against the third and fourth defendants through arguable possession, bailment or negligence arising from their ownership or management connections with the vessels involved. The Court relied on O 8 r 1 pars (ad) and (g), and also found a prima facie case under pars (a) and (aa) against the first defendant, while rejecting reliance on par (h).

Jurisdiction
Australia
Judgment Date
26 March 2003
Procedural Posture
Carriage of Goods; Service Ex Juris / Ex Parte Notice of Motion by the Plaintiffs Seeking Leave to Serve an Application and Amended Statement of Claim Outside Australia Under Order 8 of the Federal Court Rules
Outcome
Leave granted to serve the application and amended statement of claim outside Australia on the first, third and fourth defendants, subject to compliance with the specified divisions of Order 8; costs reserved; further affidavit required; matter stood over.
Legal Topics
['service Outside Australia' 'order 8 of the Federal Court Rules' 'international Carriage of Wine' 'house Bill and Ocean Bill' 'damage by Freezing in Refrigerated Container' 'prima Facie Case for Service Ex Juris']
['civil Procedure' 'carriage of Goods' 'maritime Law' 'admiralty' 'bailment' 'negligence'] ['service Outside Australia' 'order 8 of the Federal Court Rules' 'international Carriage of Wine' 'house Bill and Ocean Bill' 'damage by Freezing in Refrigerated Container' 'prima Facie Case for Service Ex Juris']

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Procedural Posture

Carriage of Goods; Service Ex Juris / Ex Parte Notice of Motion by the Plaintiffs Seeking Leave to Serve an Application and Amended Statement of Claim Outside Australia Under Order 8 of the Federal Court Rules

Legal Issues

  1. 1 ['Whether leave should be granted to serve the application and amended statement of claim outside Australia on the first, third and fourth defendants under Order 8 of the Federal Court Rules.' 'Whether the plaintiffs had shown a sufficient prima facie case against the first defendant arising from a contract of carriage requiring delivery of goods in good order and condition in Sydney.' 'Whether the plaintiffs had shown a sufficient prima facie case against the third and fourth defendants in negligence or bailment as owners of vessels involved in carrying the goods.' 'Whether paragraphs (ad), (g) or (h) of O 8 r 1 supported service outside Australia.']

Ratio Decidendi

Leave to serve outside Australia was granted because the plaintiffs established a sufficient prima facie basis under Order 8: against the first defendant through the house bill and alleged damage before delivery in Sydney, and against the third and fourth defendants through arguable possession, bailment or negligence arising from their ownership or management connections with the vessels involved. The Court relied on O 8 r 1 pars (ad) and (g), and also found a prima facie case under pars (a) and (aa) against the first defendant, while rejecting reliance on par (h).

Court Disposition

Leave granted to serve the application and amended statement of claim outside Australia on the first, third and fourth defendants, subject to compliance with the specified divisions of Order 8; costs reserved; further affidavit required; matter stood over.

Orders

  • ['Leave be granted to the plaintiffs subject to compliance with Div 2 of O 8 in respect of the first and third defendants and Div 3 of O 8 in respect of the fourth defendant to serve the application and amended statement of claim (appropriately amended as to name) outside Australia on the first, third and fourth...