Tiezone Pty Ltd v Schenker Stinnes Logistics [2003] FCA 281

FEDERAL COURT OF AUSTRALIA

Tiezone Pty Ltd v Schenker Stinnes Logistics [2003] FCA 281 Carriage of goods – service ex juris TIEZONE PTY LTD & ANOR v SCHENKER STINNES LOGISTICS & ORS N1112 of 2002 ALLSOP J 26 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY 1112 of 2002

BETWEEN: TIEZONE PTY LTD

FIRST PLAINTIFF

EUROPVIN S.A.

SECOND PLAINTIFF

AND: SCHENKER S.A. T/A SCHENKER STINNES LOGISTICS

FIRST DEFENDANT

MEDITERRANEAN SHIPPING COMPANY S.A.

SECOND DEFENDANT

M.S. "MARE TUSCUM" SCHIFFARHRTSGES GMBH & CO. KG

THIRD DEFENDANT

LAVICER INVESTMENTS CORP

FOURTH DEFENDANT

PATRICK STEVEDORES OPERATIONS PTY LIMITED

FIFTH DEFENDANT

JUDGE: ALLSOP

DATE OF ORDER: 26 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to the plaintiffs subject to compliance with Div 2 of O 8 in respect of the first and third defendants and Div 3 of O 8 in respect of the fourth defendant to serve the application and amended statement of claim (appropriately amended as to name) outside Australia on the first, third and fourth defendants; 2. The question of costs be reserved. 3. The plaintiff file an affidavit setting out any information concerning the loss in question on or before Friday 28 March 2003. 4. The matter be stood over to a date to be fixed. 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 1112 of 2002

BETWEEN: TIEZONE PTY LTD

FIRST PLAINTIFF

EUROPVIN S.A.

SECOND PLAINTIFF

AND: SCHENKER S.A. T/A SCHENKER STINNES LOGISTICS