Gruppo Mastrotto SPA v Jet Air Service SPA [2007] FCA 1280

Gruppo Mastrotto SPA v Jet Air Service SPA [2007] FCA 1280

In light of a prima facie case for contribution or indemnity, and the operation of Order 8 rule 2 item 15, leave for service out of jurisdiction should be granted, and the exclusive jurisdiction clause is arguably rendered ineffective by s 11 of the Carriage of Goods by Sea Act 1991 (Cth).

Jurisdiction
Australia
Judgment Date
17 August 2007
Procedural Posture
Commercial Dispute / Interlocutory Application for Service Out of Jurisdiction
Outcome
Leave granted for service out of jurisdiction of cross-claim and ancillary documents; cross-claim stood over for directions.
Legal Topics
['service Outside Jurisdiction' 'cross Claim' 'bill of Lading' 'exclusive Jurisdiction Clause']
['shipping Law' 'civil Procedure'] ['service Outside Jurisdiction' 'cross Claim' 'bill of Lading' 'exclusive Jurisdiction Clause']

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Procedural Posture

Commercial Dispute / Interlocutory Application for Service Out of Jurisdiction

Legal Issues

  1. 1 ['Whether the Court should grant leave for service of a cross-claim outside Australia' 'Effect of exclusive jurisdiction clause in bill of lading' 'Applicability of Carriage of Goods by Sea Act 1991 (Cth) s 11']

Ratio Decidendi

In light of a prima facie case for contribution or indemnity, and the operation of Order 8 rule 2 item 15, leave for service out of jurisdiction should be granted, and the exclusive jurisdiction clause is arguably rendered ineffective by s 11 of the Carriage of Goods by Sea Act 1991 (Cth).

Court Disposition

Leave granted for service out of jurisdiction of cross-claim and ancillary documents; cross-claim stood over for directions.

Orders

  • ['The first defendant be granted leave to file and serve the cross-claim on General Export SRL outside Australia.' 'Service may be effected by lawyer or private agent in Italy, or in a manner not otherwise contrary to Italian law.' 'Service of the cross-claim to be accompanied by service of the application,...