Mitsubishi Australia Limited v Ship MV Patriot [2007] FCA 1982

FEDERAL COURT OF AUSTRALIA

Mitsubishi Australia Limited v Ship MV Patriot [2007] FCA 1982

MITSUBISHI AUSTRALIA LIMITED v SHIP MV PATRIOT NSD 1696 OF 2003

ALLSOP J

11 DECEMBER 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1696 OF 2003

BETWEEN: MITSUBISHI AUSTRALIA LIMITED

Plaintiff

AND: SHIP MV PATRIOT

Defendant

JUDGE: ALLSOP J

DATE OF ORDER: 11 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The plaintiff file and serve the statement of claim (substantially in the form tendered as exhibit A on the hearing of its notice of motion filed 6 November 2007) by 14 December 2007. 1. The defendant file and serve its defence by 25 January 2008. 1. The plaintiff file and serve any reply by 1 February 2008. 1. The plaintiff file and serve any supplementary list of discovered documents by 28 February 2008. 1. The defendant give full and verified discovery by 25 February 2008. 1. The defendant's verified list of discovery is to be accompanied by affidavits sworn by: 1. an officer of North of England P&I Association Limited; and 2. an officer of the defendant; with personal knowledge of the claim and the documents to be discovered. 1. The parties are granted leave to seek to vary these orders (if so advised) without the need of formally filing a notice of motion, such application to be made to Rares J, in February 2008, upon 5 days' notice in writing to the solicitor for the other party. 1. The plaintiff's notice of motion filed 6 November 2007 is otherwise dismissed. 1. The costs of the notice of motion filed on 6 November 2007 are reserved. 1. The proceedings are adjourned to 9:30 am on Thursday, 6 March 2008 before Rares J for directions. 1. The parties are granted liberty to apply on 5 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