Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tiezone Pty Ltd v Schenker Stinnes Logistics [2004] FCA 847 ADMIRALTY AND MARITIME - practice and procedure – delay in service using diplomatic channels – alternative method of service ordered.
Federal Court of Australia 1976 (Cth) s 23 Federal Court Rules Order 1 rule 8, Order 7 rule 2, Order 8 TIEZONE PTY LTD & ANOR v SCHENKER STINNES LOGISTICS & ORS N1112 of 2002 ALLSOP J 30 JUNE 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 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: 30 JUNE 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. That the plaintiffs be permitted to serve the first defendant by (a) serving the following documents upon the first defendant at its principal office in France by a French process server on or before 2 August 2004: (i) copies in English of the amended application and amended statement of claim; (ii) copies in English of the reasons for judgment of Allsop J of 26 March 2003 and these reasons; (iii) copies in French of the amended application and amended statement of claim; and (b) serving the documents referred to in 1.(a)(i) and (ii) above on Schenker Australia Pty Limited addressed to the managing director of that company at 72-80 Bourke Road Alexandria 2015 on or before 16 July 2004. 2. Leave be granted to the plaintiffs to amend the return date in the amended application in respect of the first defendant to Monday, 6 September 2004 at 9.30 am. 3. The directions hearing fixed for 13 August 2004 be vacated and the proceedings be stood over for directions to 6 September 2004 at 9.30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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