Alstom Power v Polar Circle A.S. [2004] FCA 607

FEDERAL COURT OF AUSTRALIA

Alstom Power v Polar Circle A.S. [2004] FCA 607

ADMIRALTY AND MARITIME – practice and procedure – service ex juris ALSTOM POWER LTD v POLAR CIRCLE A.S. AND ANOR N 488 of 2004 ALLSOP J 10 MAY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N488 of 2004

BETWEEN: ALSTOM POWER LTD

PLAINTIFF

AND: POLAR CIRCLE A.S.

FIRST DEFENDANT

RICHIE & BISSET MARINE SERVICES SDN. BHD.

SECOND DEFENDANT

JUDGE: ALLSOP J

DATE OF ORDER: 10 MAY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. That leave be granted pursuant to Order 8 rule 2 of the Federal Court Rules to serve the application and statement of claim, both dated and filed herein on 7 April 2004, on the second defendant outside the Commonwealth. 2. That service of the originating process in the proceedings be effected upon the second defendant by leaving copies of the application, statement of claim, these orders, and the settled ex tempore reasons of Allsop J with some person apparently an officer of or in the service of the second defendant and apparently of or above the age of 16 years: (a) at the office of the second defendant registered according to the laws of Malaysia as being the place at which documents may be served upon the second defendant, or (b) if there is no such registered office, at the principal place of business or the principal office of the second defendant. 3. The costs of the application be the plaintiff's costs in the cause. 4. Leave be granted to amend the return date on the application in respect of the second defendant to 26 July 2004. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA