TMT Asia Ltd & Ors v BHP Billiton Marketing AG

TMT Asia Ltd & Ors v BHP Billiton Marketing AG

No good reason was provided for the delay in service or for seeking extensions, the claim was statute-barred, and the correct court fee was not paid. The proceedings were therefore dismissed and service set aside.

Source-derived case information.

Parties
Claimant: TMT Asia Limited; Claimant: TMT Taipei; Claimant: F-Elephant Corporation; Claimant: Favour Marine; Claimant: Baron Shipping; Defendant: BHP Billiton Marketing AG
Jurisdiction
England and Wales
Judgment Date
14 January 2016
Procedural Posture
Commercial Court Claim / Application to Set Aside Service and Dismiss Proceedings
Outcome
Application allowed; proceedings dismissed; service set aside.
Legal Topics
Extension of Time for Service, Limitation of Actions, Service Out of Jurisdiction, Court Fees, Abuse of Process
Civil Procedure Commercial Law Extension of Time for Service Limitation of Actions Service Out of Jurisdiction Court Fees Abuse of Process

Source-derived case record

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Parties

TMT Asia Limited

Claimant

TMT Taipei

Claimant

F-Elephant Corporation

Claimant

Favour Marine

Claimant

Baron Shipping

Claimant

BHP Billiton Marketing AG

Defendant

Procedural Posture

Commercial Court Claim / Application to Set Aside Service and Dismiss Proceedings

Legal Issues

  1. 1 Whether there was good reason to grant extensions of time for service of the claim form
  2. 2 Whether the claim was statute-barred
  3. 3 Whether the proceedings should be dismissed for non-payment of the correct court fee

Ratio Decidendi

No good reason was provided for the delay in service or for seeking extensions, the claim was statute-barred, and the correct court fee was not paid. The proceedings were therefore dismissed and service set aside.

Court Disposition

Application allowed; proceedings dismissed; service set aside.

Orders

  • Service of the writ set aside
  • Proceedings dismissed