Brazin Limited v Transarea China Ltd [2007] FCA 610

FEDERAL COURT OF AUSTRALIA

Brazin Limited v Transarea China Ltd [2007] FCA 610 BRAZIN LIMITED v TRANSAREA CHINA LTD AND CHINA SHIPPING CONTAINER LINES CO LTD NSD 730 OF 2007

ALLSOP J

27 APRIL 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 730 OF 2007

BETWEEN: BRAZIN LIMITED

Plaintiff

AND: TRANSAREA CHINA LTD

First Defendant

CHINA SHIPPING CONTAINER LINES CO LTD

Second Defendant

JUDGE: ALLSOP J DATE OF ORDER: 27 APRIL 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. On or before Wednesday 9 May 2007, the first defendant file and serve an affidavit setting out the nature of its defence in these proceedings. That affidavit may be sworn by and under the law of Hong Kong and may be filed in the Federal Court of Australia and served upon the plaintiff by sending by facsimile to the Sydney Registry of the Federal Court of Australia (ph 61 2 9230 8535) and to the solicitor for the plaintiff, DLA Phillips Fox. 2. If that affidavit is not served on the plaintiff on or before 9 May 2007, on Friday 11 May 2007 I will hear the applicant for orders under Order 35A of the Federal Court Rules. 3. Any application for orders under Order 35A rules be adjourned to Friday 11 May 2007 at 2.00 pm. 4. To the extent necessary documents filed in the Federal Magistrates proceedings stand filed in the Federal Court of Australia. 5. The requirements to file a formal notice of motion for orders under Order 35A by the plaintiff is dispensed with. 6. The plaintiff serve these reasons for judgment and these orders on the first defendant at its office and at the office of the solicitor last handling the matter in Hong Kong by Wednesday 2 May 2007, such service may be by facsimile. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA