NEDERLANDSE SPECIAAL DRUKKERIJEN -v- BOLLINGER SHIPPING AGENCY [1999] NSWSC 200

NEDERLANDSE SPECIAAL DRUKKERIJEN -v- BOLLINGER SHIPPING AGENCY [1999] NSWSC 200

Pope was properly joined to proceedings properly brought against Bollinger in New South Wales, but Pope's packing activities were incidental services undertaken to facilitate carriage under a contract of carriage and Pope fell within the definition of carrier under the Carriage of Goods Act 1979 (NZ). Since there was no suggestion of intentional damage or other statutory basis for a tort claim, s 6 barred the Plaintiff's tort claim against Pope. In addition, New South Wales was a clearly inappropriate forum for proceedings involving Pope because the relevant packing events, parties or potential parties, witnesses, standards and statutory issues were substantially connected with New...

Jurisdiction
Australia
Judgment Date
17 March 1999
Procedural Posture
Practice; Inappropriate Forum / Notice of Motion by the Second Defendant Under Part 10 of the Supreme Court Rules Seeking Refusal of Leave to Proceed, Setting Aside of Originating Process, Discretionary Refusal of Jurisdiction or Permanent Stay
Outcome
The Court held that Pope was entitled at least to orders refusing leave to the Plaintiff to proceed against Pope and setting aside so much of the Statement of Claim as constituted a claim against Pope; reasons were published and the matter was stood over for submissions on the form of orders.
Legal Topics
['service Outside Australia' 'forum Non Conveniens' 'clearly Inappropriate Forum' 'joinder' 'new Zealand Carriage of Goods Act' 'tort Claim for Negligent Packing']
['civil Procedure' 'private International Law' 'tort' 'carriage of Goods'] ['service Outside Australia' 'forum Non Conveniens' 'clearly Inappropriate Forum' 'joinder' 'new Zealand Carriage of Goods Act' 'tort Claim for Negligent Packing']

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Procedural Posture

Practice; Inappropriate Forum / Notice of Motion by the Second Defendant Under Part 10 of the Supreme Court Rules Seeking Refusal of Leave to Proceed, Setting Aside of Originating Process, Discretionary Refusal of Jurisdiction or Permanent Stay

Legal Issues

  1. 1 ['Whether the New South Wales proceedings against Pope were within Part 10 rule 1A(1)(i) because Pope was properly joined to proceedings properly brought against Bollinger in New South Wales.' 'Whether the Plaintiff had an arguable tort claim against Pope under New Zealand law having regard to the Carriage of Goods Act 1979 (NZ).' 'Whether New South Wales was a clearly inappropriate forum for determination of the proceedings against Pope.' 'What orders should be made concerning leave to proceed against Pope and the claim against Pope.']

Ratio Decidendi

Pope was properly joined to proceedings properly brought against Bollinger in New South Wales, but Pope's packing activities were incidental services undertaken to facilitate carriage under a contract of carriage and Pope fell within the definition of carrier under the Carriage of Goods Act 1979 (NZ). Since there was no suggestion of intentional damage or other statutory basis for a tort claim, s 6 barred the Plaintiff's tort claim against Pope. In addition, New South Wales was a clearly inappropriate forum for proceedings involving Pope because the relevant packing events, parties or potential parties, witnesses, standards and statutory issues were substantially connected with New...

Court Disposition

The Court held that Pope was entitled at least to orders refusing leave to the Plaintiff to proceed against Pope and setting aside so much of the Statement of Claim as constituted a claim against Pope; reasons were published and the matter was stood over for submissions on the form of orders.

Orders

  • ['Refuse leave to the Plaintiff to proceed against Pope.' 'Set aside so much of the Statement of Claim as constitutes a claim against Pope.' 'Matter stood over to afford the parties an opportunity to consider the reasons and make submissions as to the form of orders.']