Carlton International PLC & Anor v Crayford Freight Services Ltd & Ors [1997] FCA 902

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - application for cross claim to be dismissed as against the second and third cross defendants - whether cross claim against third cross defendant should be struck out as having no basis in law - whether third cross defendant under duty as bailee - where third cross defendant time charterer of the vessel - whether Court has jurisdiction to entertain cross claim - where cross claim filed without leave of the Court and principal proceedings have been discontinued - whether Court has power to grant an extension of time for filing cross claim. Federal Court Rules, O 3 r 3; O 5 rr 4, 5, 7, 9; O 11 r 20 Dorrough v Bank of Melbourne Ltd (unreported, 1 August 1996, Federal Court of Australia), applied CARLTON INTERNATIONAL PLC and BRADMANS STORES PTY LIMITED - v - CRAYFORD FREIGHT SERVICES LIMITED & ORS NG 166 OF 1997 TAMBERLIN J SYDNEY 8 SEPTEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 166 of 1997

IN ADMIRALTY

BETWEEN: CARLTON INTERNATIONAL PLC

First plaintiff

BRADMANS STORES PTY LIMITED

Second plaintiff

AND: CRAYFORD FREIGHT SERVICES LIMITED

First defendant/cross claimant

CORAL SEATEL NAVIGATION CO

Second defendant/first cross defendant

LLOYD TRIESTINO DI NAVIGAZIONE SPA

Third defendant/second cross defendant

CONTSHIP CONTAINERLINES LIMITED

Fourth defendant/third cross defendant

JUDGE: TAMBERLIN J

DATE OF ORDER: 8 SEPTEMBER 1997

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to file a cross claim or for an extension of time within which to file a cross claim against the second and third cross defendants be refused. 2. The applicant for leave pay the costs of the second and third cross defendants. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.