Shandong Chenming Paper Holding Ltd & Ors v Saga Forest Carriers INTL AS & Anor

Shandong Chenming Paper Holding Ltd & Ors v Saga Forest Carriers INTL AS & Anor

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. There was no justification for imposing a condition of payment into court.

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 (breach of Contract/negligence) / Application to Set Aside Default Judgment
Outcome
Default judgment set aside
Legal Topics
Default Judgment, Setting Aside Judgment, Time Bar, Agency, Carriage of Goods by Sea
Commercial Law Shipping Law Default Judgment Setting Aside Judgment Time Bar Agency Carriage of Goods by Sea

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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 (breach of Contract/negligence) / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside under CPR 13.3
  2. 2 Whether the defendant has a real prospect of successfully defending the claim on the merits or 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. There was no justification for imposing a condition of payment into court.

Court Disposition

Default judgment set aside

Orders

  • Default judgment set aside
  • No condition of payment into court imposed