Incitec Ltd v Alkimos Shipping Corporation [2005] FCA 191

Incitec Ltd v Alkimos Shipping Corporation [2005] FCA 191

The Court made the requested procedural orders and stood the matters over because the parties wished to mediate in London and Caleb Brett USA, Inc. had been joined and was participating in the proceedings, while noting that the Court had a judge available to hear the matters and court-annexed mediation available.

Jurisdiction
Australia
Judgment Date
04 March 2005
Procedural Posture
Federal Court Admiralty and Maritime Cargo Proceedings / Interlocutory Directions; Applications for Leave to Amend Cross Claims and File Defence or Notice of Motion
Outcome
Leave granted; matters listed for directions on 6 May 2005 with liberty to restore on two days' notice.
Legal Topics
['bulk Carrier Voyage Carrying Fertiliser' 'quarantine Rejection of Cargo' 'cross Claims' 'amendment of Party Name' 'service Out of the Jurisdiction' 'strike Out Application' 'mediation' 'directions']
['admiralty and Maritime' 'civil Procedure'] ['bulk Carrier Voyage Carrying Fertiliser' 'quarantine Rejection of Cargo' 'cross Claims' 'amendment of Party Name' 'service Out of the Jurisdiction' 'strike Out Application' 'mediation' 'directions']

Case Brief

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Procedural Posture

Federal Court Admiralty and Maritime Cargo Proceedings / Interlocutory Directions; Applications for Leave to Amend Cross Claims and File Defence or Notice of Motion

Legal Issues

  1. 1 ['Whether Alkimos Shipping Corporation should have leave to amend its cross-claims to change the name of the cross defendant to Caleb Brett USA, Inc. and dispense with further service.' 'Whether Caleb Brett USA, Inc. should have leave to file its defence in NSD 303 of 2003 and its notice of motion in NSD 304 of 2003 seeking strike out of the second cross claim insofar as it claims against it.' 'Whether the matters should be stood over for directions while the parties pursue mediation in London.']

Ratio Decidendi

The Court made the requested procedural orders and stood the matters over because the parties wished to mediate in London and Caleb Brett USA, Inc. had been joined and was participating in the proceedings, while noting that the Court had a judge available to hear the matters and court-annexed mediation available.

Court Disposition

Leave granted; matters listed for directions on 6 May 2005 with liberty to restore on two days' notice.

Orders

  • ['In NSD 303 of 2003, leave granted to Alkimos Shipping Corporation as Third Cross Claimant to amend its Cross Claim filed 27 April 2004 to change the name of the Cross Defendant, Intertek Caleb Brett USA, Inc., to Caleb Brett USA, Inc. and dispense with further service.' 'In NSD 303 of 2003, leave granted to Caleb...