Incitec Ltd v Alkimos Shipping Corporation [2004] FCA 348
The first defendant satisfied the Court that there is a sufficiently strong prima facie case on the proposed cross-claim in contribution to warrant leave under Order 8 of the Federal Court Rules to serve the surveyor company outside the jurisdiction.
- Parties
- Plaintiff: Incitec Ltd; Plaintiff: Sumitomo Australia Ltd; First Defendant: Alkimos Shipping Corporation; Second Defendant: Hyundai Merchant Marine Co Ltd
- Jurisdiction
- Australia
- Judgment Date
- 23 March 2004
- Procedural Posture
- Admiralty / Application for Leave to Serve Ex Juris
- Outcome
- applications stood over for making of orders
- Legal Topics
- Service Ex Juris, Cross Claims, Contribution, Inspection of Goods, Standards of Care, Bills of Lading
Case Brief
Summary, issues, holding and outcome
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Parties
Incitec Ltd
Plaintiff
Sumitomo Australia Ltd
Plaintiff
Alkimos Shipping Corporation
First Defendant
Hyundai Merchant Marine Co Ltd
Second Defendant
Procedural Posture
Admiralty / Application for Leave to Serve Ex Juris
Legal Issues
- 1 Whether the first defendant should be granted leave to serve outside jurisdiction on a cross-claim for contribution against a surveyor company
- 2 Whether there is a prima facie case for contribution arising from alleged negligence of the surveyor
Ratio Decidendi
The first defendant satisfied the Court that there is a sufficiently strong prima facie case on the proposed cross-claim in contribution to warrant leave under Order 8 of the Federal Court Rules to serve the surveyor company outside the jurisdiction.
Court Disposition
applications stood over for making of orders
Orders
- Stand the matters over for the making of orders.
Full Case Text
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