Moet Hennessy Australia Pty Ltd v Hanjin Shipping Co Ltd [2015] FCA 1153

Moet Hennessy Australia Pty Ltd v Hanjin Shipping Co Ltd [2015] FCA 1153

The evidence established a prima facie case that the first defendant breached its duty as bailee and carrier under the relevant law by delivering the cargo in a damaged condition, justifying leave to serve the first defendant out of jurisdiction and giving directions for service and future conduct of the matter.

Jurisdiction
Australia
Judgment Date
03 September 2015
Procedural Posture
Admiralty/commercial / Interlocutory Application for Leave to Serve Out of Jurisdiction; Directions Hearing
Outcome
Leave granted to serve first defendant out of jurisdiction; procedural directions made.
Legal Topics
['carriage of Goods by Sea' 'service Outside Jurisdiction' 'duty of Bailee' 'cargo Damage']
['admiralty' 'commercial Law'] ['carriage of Goods by Sea' 'service Outside Jurisdiction' 'duty of Bailee' 'cargo Damage']

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Procedural Posture

Admiralty/commercial / Interlocutory Application for Leave to Serve Out of Jurisdiction; Directions Hearing

Legal Issues

  1. 1 ['Whether leave should be granted to serve the first defendant out of jurisdiction under r 10.43 of the Federal Court Rules 2011 (Cth)' 'Whether there is a prima facie case against the first defendant for breach of duty as bailee and under Art 3 r 2 of the Amended Hague Rules']

Ratio Decidendi

The evidence established a prima facie case that the first defendant breached its duty as bailee and carrier under the relevant law by delivering the cargo in a damaged condition, justifying leave to serve the first defendant out of jurisdiction and giving directions for service and future conduct of the matter.

Court Disposition

Leave granted to serve first defendant out of jurisdiction; procedural directions made.

Orders

  • ["The second defendant file and serve its defence to the plaintiffs' claim by 1 November 2015." 'The proceedings stand over to 19 November 2015.']