Associated Packaging Pty Limited v Lloyd Triestino Di Navigazione S.P.A. [2005] FCA 1631

FEDERAL COURT OF AUSTRALIA

Associated Packaging Pty Limited v Lloyd Triestino Di Navigazione S.P.A. [2005] FCA 1631 Associated Packaging Pty Limited v Lloyd Triestino Di Navigazione S.P.A. NSD 71 of 2005 ALLSOP J 4 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 71 of 2005

ADMIRALTY

BETWEEN: ASSOCIATED PACKAGING PTY LIMITED

PLAINTIFF

AND: LLOYD TRIESTINO DI NAVIGAZIONE S.P.A.

FIRST DEFENDANT

SAMUDERA SHIPPING LINES (PTE) LTD

SECOND DEFENDANT JUDGE: ALLSOP J

DATE OF ORDER: 4 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: SERVICE EX JURIS ORDERS 1. Leave be granted to the First Defendant to file a Cross Claim against Advance Container Lines Pte Ltd on or before 9 November 2005. Such leave is granted subject to perusal of the Third Party Claim on Advance Container Lines Pte Ltd, to be provided prior to 4:00pm on 8 November 2005. 2. The First Defendant provide by email a copy of the proposed Cross Claim against Advance Container Lines Pte Ltd to the Associate to Justice Allsop prior to 4:00pm on 8 November 2005. 3. Leave be granted to the First Defendant to serve the Cross Claim on Advance Container Lines Pte Ltd outside the Commonwealth of Australia. 4. Service of the originating process and a copy of all existing pleadings in these proceedings on Advance Container Lines Pte Ltd is to be effected no later than 18 November 2005 and that the Cross Claim is to be returnable at 9:30am on 16 December 2005. 5. Service of the Cross Claim be effected on Advance Container Lines Pte Ltd by leaving copies of the Cross Claim and these orders with some person, apparently an officer of Advance Container Lines Pte Ltd, and apparently of or above the age of 16 years: (1) at the office of Advance Container Lines Pte Ltd, registered according to the laws of Singapore as being the place at which documents may be served upon Advance Container Lines Pte Ltd; or (2) if there is no such registered office, at the principle place of business or the office of Advance Container Lines Pte Ltd. 6. The costs of the First Defendant's notice of motion dated 19 October 2005 and of the mediation be reserved to the trial judge, or some other judge, at the conclusion of the proceedings. PROCEDURAL ORDERS 7. Within four weeks the Second Defendant by a proper officer with knowledge of the claim and the investigations is to file and serve an affidavit setting out in full the facts, matters and circumstances upon which the Second Defendant will seek to rely in either: (1) discharge of its onus of proof as a bailee that it took reasonable care and custody of the goods and (2) the evidence which it would seek to lead in a case that it exercised due diligence in making the ship seaworthy for the reception of cargo and otherwise in compliance with its obligations if it had obligations under article 3 of the Hague Rules or the Hague-Visby Rules. 8. The Second Defendant file and serve its defence on or before 2 December 2005. 9. The Plaintiff to provide an indexed bundle of discovered documents, but not sworn discovery, which it says proves title to sue and a summary of its proposed oral evidence by 2 December 2005. 10. The First Defendant file and serve its defence prior to 16 December 2005. 11. The proceedings be listed for further directions at 9:30am on 16 December 2005. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.