Advanced Energy Resources Pty Ltd v Bremer Lloyd Marine Logistics GmbH & Co KG [2017] FCA 1487

Advanced Energy Resources Pty Ltd v Bremer Lloyd Marine Logistics GmbH & Co KG [2017] FCA 1487

Leave to serve the first defendant in Germany was granted because the plaintiff's claims were maritime claims within the Court's jurisdiction, the proceeding fell within r 10.42 of the Federal Court Rules 2011 (Cth), the affidavit evidence demonstrated a prima facie case concerning damage to the wind turbines during the voyage, there was no discretionary reason to refuse leave, and the proposed methods of service in Germany were available on the evidence.

Jurisdiction
Australia
Judgment Date
28 November 2017
Procedural Posture
Application for Leave to Serve Originating Process Out of the Jurisdiction in an Admiralty and Maritime Proceeding / Ex Parte Application for Service Out; Leave Granted
Outcome
Application granted; plaintiff given leave to serve the first defendant in Germany; no order as to costs.
Legal Topics
['service Out of the Jurisdiction' 'maritime Claim' 'damage to Goods Carried by Ship' 'prima Facie Case' 'service in Germany Under International Service Conventions']
['practice and Procedure' 'admiralty and Maritime' 'carriage of Goods by Sea'] ['service Out of the Jurisdiction' 'maritime Claim' 'damage to Goods Carried by Ship' 'prima Facie Case' 'service in Germany Under International Service Conventions']

Case Brief

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Procedural Posture

Application for Leave to Serve Originating Process Out of the Jurisdiction in an Admiralty and Maritime Proceeding / Ex Parte Application for Service Out; Leave Granted

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction in the proceeding for the purposes of r 10.43 of the Federal Court Rules 2011 (Cth).' 'Whether the proceeding was of a kind mentioned in r 10.42 of the Federal Court Rules 2011 (Cth).' 'Whether the plaintiff demonstrated a prima facie case for its claims against the first defendant.' 'Whether leave should be granted to serve the first defendant in Germany by the proposed methods.']

Ratio Decidendi

Leave to serve the first defendant in Germany was granted because the plaintiff's claims were maritime claims within the Court's jurisdiction, the proceeding fell within r 10.42 of the Federal Court Rules 2011 (Cth), the affidavit evidence demonstrated a prima facie case concerning damage to the wind turbines during the voyage, there was no discretionary reason to refuse leave, and the proposed methods of service in Germany were available on the evidence.

Court Disposition

Application granted; plaintiff given leave to serve the first defendant in Germany; no order as to costs.

Orders

  • ["The plaintiff has leave to serve the Originating Application dated 1 November 2017, the Statement of Claim dated 1 November 2017 and the Genuine Steps Statement dated 1 November 2017 on the first defendant in Germany by either posting them to the first defendant's registered address at Rembertistr. 28, 28203...