Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Heilbrunn v Lightwood PLC [2007] FCA 433
Admiralty and maritime jurisdiction – practice and procedure – service out of the jurisdiction – damage suffered wholly or partly within Australia for item 5 in table accompanying Order 8 rule 2 Admiralty Act 1988 (Cth) ss 4(3)(e) and (f) and 5(1) Federal Court Rules Order 8 Rule 2 Booth v Phillips [2004] 1 WLR 3292 referred to Brix-Neilsen v Oceaneering Australia Pty Ltd [1982] 2 NSWLR 173 applied Challenor v Douglas [1983] 2 NSWLR 405 applied Colosseum Investment Holdings Pty Ltd v Vanguard Logistic Services Pty Ltd [2005] NSWSC 803 applied Darrell Lea Chocolate Shops Pty Ltd v Spanish-Polish Shipping Co Inc (The 'Katowice II) (1990) 25 NSWLR 568 applied Flaherty v Girgis (1987) 162 CLR 574 referred to Flaherty v Girgis (1985) 4 NSWLR 248 applied Marinari v Lloyds Bank Plc [1996] QB 217 referred to Mazur Media Ltd v Mazur Media GmbH [2004] 1 WLR 2966 referred to The 'Pioneer Container' [1994] 2 AC 324 referred to Chan P, Hong Kong Civil Procedure 2006 (Thomson) Selvam GP, Singapore Civil Procedure 2003 (Thomson) NEIL HEILBRUNN v LIGHTWOOD PLC NSD 64 OF 2007
ALLSOP J
28 MARCH 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 64 OF 2007
ADMIRALTY JURISDICTION
BETWEEN: NEIL HEILBRUNN
Plaintiff
AND: LIGHTWOOD PLC
Defendant
JUDGE: ALLSOP J
DATE OF ORDER: 28 MARCH 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Leave be granted to the plaintiff to serve the application and statement of claim in this proceeding on the defendant in the United Kingdom. 2. Such service is: (a) to take place by private agent in a manner not contrary to the law of United Kingdom and to be effected by no later than 30 April 2007; (b) to be effected at Hanger 2 North Weald Aerodrome North Weald Epping Essex CM16 6AA United Kingdom (c) to include the service of these orders and reasons. 3. The proceeding stand over for directions to 9.30 am on 8 June 2007 in Sydney. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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