Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hilditch Pty Ltd v Dorval Kaiun KK [2007] FCA 752
Admiralty and maritime – practice and procedure – proper approach to issues in the Admiralty and maritime list. HILDITCH PTY LTD v DORVAL KAIUN KK NSD 360 OF 2007
ALLSOP J
11 MAY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 360 OF 2007
BETWEEN: HILDITCH PTY LTD
Plaintiff
AND: DORVAL KAIUN KK
Defendant
JUDGE: ALLSOP J DATE OF ORDER: 11 MAY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The statement of claim be struck out. 2. The operation of the rules be suspended as far as they relate to pleading. 3. The costs of the motion be reserved. 4. The orders made on 4 May 2007 be vacated. 5. Within 14 days: (a) The defendant file and serve a document entitled "Position on Question of Parties to the Bill" which identifies: (i) Whether or not the defendant accepts that it was a party as carrier to the bill referred to in paragraph 2 of the statement of claim filed on 12 March 2007. (ii) If the defendant says that it was not the carrier what parts of the bill, or any surrounding facts, it relies on for that conclusion. (b) The plaintiff file and serve a document entitled "Explanation of Plaintiff's Case" which is a points of claim which includes: (i) The facts it will seek to prove to support its entitlement to sue on the bill. (ii) The facts it says give rise for a prima facie case of liability of the carrier. (iii) A brief statement of the legal basis for any such liability of the carrier. (iv) An explanation of the basis for the damages. (c) The parties jointly contact Deputy District Registrar Gilich or Acting Registrar Cremean to arrange a case management conference for the express purpose of the drawing up of an agreed statement of issues likely to or which may require resolution and a statement of relevant facts and issues which are agreed. 6. Stand the proceedings over: (a) To a date to be fixed before Deputy District Registrar Gilich or Acting Registrar Cremean for a case management conference; and (b) For directions before Justice Allsop at 9:30 am on 2 July 2007. 7. Parties have liberty to apply on 2 days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate