Seaboard Express Ltd & Anor v Sanwa Trading Company Ltd [1995] FCA 1041

CATCHWORDS PRACTICE AND PROCEDURE - application to serve outside the Commonwealth - whether breach of contract in the Commonwealth - whether prima facie case for relief - application refused. SEABOARD EXPRESS LIMITED and Anor v SANWA TRADING COMPANY LIMITED No. NG 869 of 1995 Coram:Whitlam J Place: Sydney Date: 28 December 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 869 of 1995 ) GENERAL DIVISION ) SEABOARD EXPRESS LIMITED First Applicant OCEANIA INTERNATIONAL LIMITED Second Applicant SANWA TRADING COMPANY LIMITED Respondent Coram:Whitlam J Place: Sydney Date: 28 December 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The motion for leave to serve outside the Commonwealth be refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 869 of 1995 ) GENERAL DIVISION ) SEABOARD EXPRESS LIMITED First Applicant OCEANIA INTERNATIONAL LIMITED Second Applicant SANWA TRADING COMPANY LIMITED Respondent Coram:Whitlam J Place: Sydney Date: 28 December 1995 REASONS FOR JUDGMENT The applicants commenced this proceeding by filing an application and a statement of claim on 17 November 1995. By notice of motion filed the same day they now seek leave to serve both documents in Japan. There are two applicants, Seaboard Express Limited ("Seaboard") and Oceania International Limited ("Oceania"), both of which are alleged to be incorporated in Vanuatu. The respondent Sanwa Trading Co., Ltd ("Sanwa") is incorporated in Japan. The proceeding is founded on causes of action in contract and under the Trade Practices Act 1974 ("the Act"). Sanwa is alleged to have repudiated two agreements, one with each of the applicants who purport to have accepted such repudiation and who accordingly sue for damages. The statutory cause of action is for damages under s 82 of the Act.