Shandong Chenming Paper Holding Ltd & Ors v Saga Forest Carriers INTL AS & Anor [2008] EWHC 1055 (Comm) (14 May 2008)

Shandong Chenming Paper Holding Ltd & Ors v Saga Forest Carriers INTL AS & Anor [2008] EWHC 1055 (Comm) (14 May 2008)

Saga Forest demonstrated a real prospect of successfully defending the claim on the basis of a time bar, and the application to set aside the default judgment was made promptly. Therefore, the default judgment should be set aside.

Citation
[2008] EWHC 1055 (Comm)
Parties
Claimant: Shandong Chenming Paper Holding Ltd; Claimant: Suzano Bahia Sul Papel e Celulose SA; Claimant: Suzano Trading Limited; Defendant: Saga Forest Carriers Intl AS; Defendant: Merchant Shipping Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2008
Procedural Posture
Commercial Claim for Breach of Contract/negligence (shipping) / Application to Set Aside Default Judgment
Outcome
Default judgment set aside
Legal Topics
Default Judgment, Time Bar, Bill of Lading, Agency, Promptness of Application
Commercial Law Shipping Law Default Judgment Time Bar Bill of Lading Agency Promptness of Application

Case Brief

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Parties

Shandong Chenming Paper Holding Ltd

Claimant

Suzano Bahia Sul Papel e Celulose SA

Claimant

Suzano Trading Limited

Claimant

Saga Forest Carriers Intl AS

Defendant

Merchant Shipping Limited

Defendant

Procedural Posture

Commercial Claim for Breach of Contract/negligence (shipping) / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment against Saga Forest should be set aside
  2. 2 Whether Saga Forest has a real prospect of successfully defending the claim on the basis of a time bar
  3. 3 Whether the application to set aside was made promptly

Ratio Decidendi

Saga Forest demonstrated a real prospect of successfully defending the claim on the basis of a time bar, and the application to set aside the default judgment was made promptly. Therefore, the default judgment should be set aside.

Court Disposition

Default judgment set aside

Orders

  • Default judgment on liability set aside
  • No condition requiring payment into court imposed