Smit International (Deutschland) GmbH v Josef Mobius Baugesellschaft GmbH & Co [2001] EWHC 531 (Comm) (07 June 2001)

Smit International (Deutschland) GmbH v Josef Mobius Baugesellschaft GmbH & Co [2001] EWHC 531 (Comm) (07 June 2001)

Service was validly effected on the defendants in Germany. The knock-for-knock indemnity regime in the TOWHIRE contract applies regardless of seaworthiness, and the defendants cannot rely on limitation of liability under the Merchant Shipping Act 1995 to limit their liability for the contractual indemnity. The application to set aside the default judgment is dismissed.

Citation
[2001] EWHC 531 (Comm)
Parties
Claimant: SMIT International (Deutschland) GmbH; Defendant: Josef Mobius, Bau-Gesellschaft GmbH & Co
Jurisdiction
England and Wales
Judgment Date
07 June 2001
Procedural Posture
Commercial Court Application to Set Aside Default Judgment / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed
Legal Topics
Service of Process, Default Judgment, Towage Contracts, Knock for Knock Indemnity, Limitation of Liability, Seaworthiness
Commercial Law Maritime Law Service of Process Default Judgment Towage Contracts Knock for Knock Indemnity Limitation of Liability Seaworthiness

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Parties

SMIT International (Deutschland) GmbH

Claimant

Josef Mobius, Bau-Gesellschaft GmbH & Co

Defendant

Procedural Posture

Commercial Court Application to Set Aside Default Judgment / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether service of proceedings on the defendant in Germany was valid
  2. 2 Whether the defendant has a real prospect of successfully defending the claim, specifically regarding seaworthiness and limitation of liability under the Merchant Shipping Act 1995

Ratio Decidendi

Service was validly effected on the defendants in Germany. The knock-for-knock indemnity regime in the TOWHIRE contract applies regardless of seaworthiness, and the defendants cannot rely on limitation of liability under the Merchant Shipping Act 1995 to limit their liability for the contractual indemnity. The application to set aside the default judgment is dismissed.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Default judgment stands
  • No order setting aside judgment