Australian Maritime Safety Authority v Globex Shipping S.A. [2018] FCA 1477

Australian Maritime Safety Authority v Globex Shipping S.A. [2018] FCA 1477

The applicant has satisfied the requirements of Rule 10.43 of the Federal Court Rules 2011, including establishing jurisdiction, the proceeding being of the correct kind, and a prima facie case, thus leave is granted to serve Globex Shipping S.A. outside Australia.

Parties
Applicant: Australian Maritime Safety Authority; First Respondent: Globex Shipping S.A.; Second Respondent: Steamship Mutual Underwriting Association (Bermuda) Ltd
Jurisdiction
Australia
Judgment Date
28 September 2018
Procedural Posture
Interlocutory Application for Leave to Serve Outside Jurisdiction / Application Granted, Interlocutory Stage
Outcome
Leave to serve the originating application and statement of claim outside Australia granted; costs reserved.
Legal Topics
Service Out of Jurisdiction, Oil Pollution Liability
Admiralty and Maritime Service Out of Jurisdiction Oil Pollution Liability

Case Brief

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Parties

Australian Maritime Safety Authority

Applicant

Globex Shipping S.A.

First Respondent

Steamship Mutual Underwriting Association (Bermuda) Ltd

Second Respondent

Procedural Posture

Interlocutory Application for Leave to Serve Outside Jurisdiction / Application Granted, Interlocutory Stage

Legal Issues

  1. 1 Whether requirements for service out of jurisdiction are satisfied under Federal Court Rules
  2. 2 Whether the Court has jurisdiction
  3. 3 Whether the proceeding is of a kind mentioned in Rule 10.42

Ratio Decidendi

The applicant has satisfied the requirements of Rule 10.43 of the Federal Court Rules 2011, including establishing jurisdiction, the proceeding being of the correct kind, and a prima facie case, thus leave is granted to serve Globex Shipping S.A. outside Australia.

Court Disposition

Leave to serve the originating application and statement of claim outside Australia granted; costs reserved.

Orders

  • The Applicant is granted leave to serve the Originating Application and Statement of Claim in this matter on the First Respondent by the specified methods in Korea and Panama.
  • The costs of the application be reserved.