ANL Singapore Pte Ltd v Visy Paper Pty Ltd [2021] FCA 439

ANL Singapore Pte Ltd v Visy Paper Pty Ltd [2021] FCA 439

The requirements of r 10.43(4) were established in both proceedings because the claims related to contracts made in Australia and ANL had a prima facie case that the containers had not been collected at Jakarta or returned to ANL, causing demurrage to be owed under the waybill terms. The relevant defendants were arguably within the definition of merchant, and cl 11.4 supported continuing liability for container demurrage. The evidence also established that Andplastic could be served in the Marshall Islands in accordance with that country's law and Ausino could be served in Hong Kong pursuant to the Hague Convention.

Jurisdiction
Australia
Judgment Date
22 April 2021
Procedural Posture
Applications for Service Out of the Jurisdiction in Claims for Demurrage Relating to Containers Carried From Port Botany to Jakarta / Interlocutory Application for Leave Under R 10.43 of the Federal Court Rules 2011
Outcome
Leave granted to file amended originating applications and to serve out of the jurisdiction in both proceedings.
Legal Topics
['service Out of the Jurisdiction' 'prima Facie Case for Relief' 'demurrage' 'contracts of Carriage' 'hague Convention Service' 'service in the Marshall Islands']
['practice and Procedure' 'admiralty and Maritime' 'contract'] ['service Out of the Jurisdiction' 'prima Facie Case for Relief' 'demurrage' 'contracts of Carriage' 'hague Convention Service' 'service in the Marshall Islands']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Applications for Service Out of the Jurisdiction in Claims for Demurrage Relating to Containers Carried From Port Botany to Jakarta / Interlocutory Application for Leave Under R 10.43 of the Federal Court Rules 2011

Legal Issues

  1. 1 ['Whether ANL should be granted leave under r 10.43 of the Federal Court Rules 2011 to serve Andplastic Trade Ltd in the Republic of the Marshall Islands.' 'Whether ANL should be granted leave under r 10.43 of the Federal Court Rules 2011 to serve Ausino Commodities (Hong Kong) Limited in Hong Kong S.A.R. under the Hague Convention.' 'Whether ANL had established a prima facie case for all or any of the relief claimed in each proceeding.' 'Whether the proceedings were of a kind mentioned in r 10.42 of the Federal Court Rules 2011.']

Ratio Decidendi

The requirements of r 10.43(4) were established in both proceedings because the claims related to contracts made in Australia and ANL had a prima facie case that the containers had not been collected at Jakarta or returned to ANL, causing demurrage to be owed under the waybill terms. The relevant defendants were arguably within the definition of merchant, and cl 11.4 supported continuing liability for container demurrage. The evidence also established that Andplastic could be served in the Marshall Islands in accordance with that country's law and Ausino could be served in Hong Kong pursuant to the Hague Convention.

Court Disposition

Leave granted to file amended originating applications and to serve out of the jurisdiction in both proceedings.

Orders

  • ['In NSD 734 of 2020, the plaintiff have leave to file its Amended Originating Application dated 21 April 2021.' 'In NSD 734 of 2020, leave be granted under r 10.43 of the Federal Court Rules 2011 to the plaintiff to serve the third defendant, Andplastic Trade Ltd, in the Republic of the Marshall Islands in...