Omega Tankers & Trailers Pty Ltd v East-West Air Services Co Ltd [2009] FCA 648

Omega Tankers & Trailers Pty Ltd v East-West Air Services Co Ltd [2009] FCA 648

The Court was satisfied, on affidavit and documentary evidence, that there was a prima facie case that the goods were delivered in Australia in a damaged condition, contrary to the bills of lading, giving rise to causes of action in contract and tort. The requirements of Order 8 rules 2 and 3 of the Federal Court Rules, and the jurisdictional prerequisites of the Admiralty Act, were met. There was no reason to deny Australia as the convenient forum. Leave to serve the first defendant in Thailand was accordingly granted.

Parties
Plaintiff: Omega Tankers & Trailers Proprietary Ltd; First Defendant: East-West Air Services Co Ltd; Second Defendant: Austral Asia Line B.V.
Jurisdiction
Australia
Judgment Date
15 May 2009
Procedural Posture
Application for Leave for Service Out of Jurisdiction / Interlocutory Application
Outcome
Leave to serve out of jurisdiction granted
Legal Topics
Service Out of Jurisdiction, Breach of Contract, Negligence, Maritime Claims
Admiralty Law Private International Law Service Out of Jurisdiction Breach of Contract Negligence Maritime Claims

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Parties

Omega Tankers & Trailers Proprietary Ltd

Plaintiff

East-West Air Services Co Ltd

First Defendant

Austral Asia Line B.V.

Second Defendant

Procedural Posture

Application for Leave for Service Out of Jurisdiction / Interlocutory Application

Legal Issues

  1. 1 Whether the Court should grant leave to serve proceedings on the first defendant in Thailand
  2. 2 Whether prima facie case for breach of contract or duty under the bills of lading exists
  3. 3 Whether the proceedings fall within O 8 r 2 for service out of jurisdiction

Ratio Decidendi

The Court was satisfied, on affidavit and documentary evidence, that there was a prima facie case that the goods were delivered in Australia in a damaged condition, contrary to the bills of lading, giving rise to causes of action in contract and tort. The requirements of Order 8 rules 2 and 3 of the Federal Court Rules, and the jurisdictional prerequisites of the Admiralty Act, were met. There was no reason to deny Australia as the convenient forum. Leave to serve the first defendant in Thailand was accordingly granted.

Court Disposition

Leave to serve out of jurisdiction granted

Orders

  • The plaintiff have leave pursuant to O 8 r 3(2) of the Federal Court Rules to serve the first defendant with the application filed on 29 January 2009 in the Kingdom of Thailand.
  • The plaintiff have leave pursuant to O 8 r 4 of the Federal Court Rules to serve with the application: (a) a sealed copy of the statement of claim; (b) a sealed copy of these orders.