Smithers v Lokys [2001] FCA 239

FEDERAL COURT OF AUSTRALIA

Smithers v Lokys [2001] FCA 239 PRACTICE AND PROCEDURE – Maritime claim – whether proceedings should be transferred to the Supreme Court of New South Wales – where the Supreme Court proceedings relate to damages for personal injury resulting from a collision – where the plaintiff instituted separate proceedings in the Federal Court to limit its liability resulting from the collision

Limitation of Liability for Marine Claims Act 1989 Admiralty Act 1988 s 27 Jurisdiction of Courts (Cross-Vesting) Act 1987 s 5(4) Convention on Limitation for Liability for Maritime Claims 1976 The "Volvox Hollandia" [1988] 2 Lloyd's Rep 361 applied James Patrick & Co Ltd v Union Steamship Co of New Zealand (1938) 60 CLR 650 applied SS Pharmaceutical v Qantas [1991] 1 Lloyd's Rep 289 cited SIMON RUSSEL SMITHERS v JOHN SIGITAS LOKYS AND DAVID NOFERI N 1315 OF 2001 TAMBERLIN J 13 MARCH 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1315 OF 2001

IN ADMIRALTY

BETWEEN: SIMON RUSSEL SMITHERS

PLAINTIFF

AND: JOHN SIGITAS LOKYS

FIRST DEFENDANT

DAVID NOFERI

SECOND DEFENDANT

JUDGE: TAMBERLIN J

DATE OF ORDER: 13 MARCH 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for transfer is granted. 2. This proceeding is transferred to the Supreme Court of New South Wales on condition that the parties agree to take the necessary steps to have the proceedings heard together with the proceedings on foot in the Supreme Court of New South Wales. 3. The plaintiff pay the defendants' costs of this application 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 N1315 OF 2001