GRD Minproc Limited v Shanghai Flying Wheel Non-Ferrous Company (No 2) [2005] FCA 180

FEDERAL COURT OF AUSTRALIA

GRD Minproc Limited v Shanghai Flying Wheel Non-Ferrous Company

(No 2) [2005] FCA 180

PRACTICE AND PROCEDURE – service out of the jurisdiction – criteria for service out – alleged contraventions of Trade Practices Act 1974 (Cth) – allegedly committed in Australia – respondent corporations in China – injunction claim based on estoppel – injunction claim based on Carriage of Goods by Sea Act 1991 (Cth) – requirements for service out of the jurisdiction in China – requirement for formal request by Australian courts Trade Practices Act 1974 (Cth) s 52 Carriage of Goods by Sea Act 1991 (Cth) s 11 Judiciary Act 1903 (Cth) s 39B(1A)(c)

Federal Court Rules O 8 R 1, O 8 r 2

Paper Products Pty Ltd v Tomlinsons (Rochdale) Limited (No 2) (1993) 44 FCR 485 cited Bray v F Hoffman-La Roche Ltd (2002) 118 FCR 1 cited The Swan Brewery Co Ltd v Atlee [1998] FCA 277 cited GRD MINPROC LIMITED v SHANGHAI FLYING WHEEL NON-FERROUS COMPANY and SHANGHAI FOREIGN TRADE CORPORATION W242 OF 2004 FRENCH J 4 MARCH 2005 (Publication of Reasons) PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W242 OF 2004

BETWEEN: GRD MINPROC LIMITED

APPLICANT

AND: SHANGHAI FLYING WHEEL NON-FERROUS COMPANY

FIRST RESPONDENT

SHANGHAI FOREIGN TRADE CORPORATION

SECOND RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 16 FEBRUARY 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. Pursuant to Division 3 Order 8 of the Federal Court Rules, the Applicant have leave to serve: (a) the Application dated 28 October 2004; (b) the Statement of Claim dated 28 October 2004; and (c) the reasons for this order to be published outside the Commonwealth upon: (a) the First Respondent at 2 Shenguang Road, Chunshen Village, Xinqiao Town, Songjiang District, Shanghai, 201612; and (b) the Second Respondent at No. 85 Lou Shan Guan Road, Changning District, Hongqiao Zone, 200336. 2. The applicant to file a revised request in form 14A to reflect the terms of Order 1. 3. The first respondent and second respondent file an appearance three weeks after the transmittal to the Court through the diplomatic channel by the government or court of the People's Republic of China that the documents referred to in paragraph 1 above have been personally served or served in accordance with the law of the People's Republic of China. 4. A directions hearing be held on 16 September 2005 at 9.30 am or such earlier date as the court may direct following the submission of appearances.