Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Beluga Shipping GmbH v Suzlon Energy Ltd (No 3) [2009] FCA 1347
BELUGA SHIPPING GMBH & CO. KS "BELUGA FANTASTIC" v SUZLON ENERGY LTD and OTHERS
NSD 1670 of 2008
RARES J
6 NOVEMBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
In admiralty
NEW SOUTH WALES DISTRICT REGISTRY
general division NSD 1670 of 2008
BETWEEN: BELUGA SHIPPING GMBH & CO. KS "BELUGA FANTASTIC"
Plaintiff
AND: SUZLON ENGERGY LTD
First Second Cross-Claimant
SUZLON ENERGY AUSTRALIA PTY LTD
Second Second Cross-Claimant
SUZLON INFRASTRUCTURE LIMITED
Third Second Cross-Claimant
SUZLON WIND ENERGY CORPORATION, USA
Fourth Second Cross-Claimant
SUZLON STRUCTURES PTE LTD
Fifth Second Cross-Claimant
SE SHIPPING PTE LIMITED
Sixth Second Cross-Claimant
SANJEEV BANGAD
Third Cross-Defendant
SS OCEANWIND PTE LIMITED
Fifth Second Cross-Defendant
GENUS SHIPPING SERVICES PVT LIMITED
Sixth Second Cross-Defendant
RAJAGOPALAN SRIDHAR
Seventh Second Cross-Defendant
BLUEWIND ENTERPRISES (UK) LTD
Eighth Second Cross-Defendant
SUNSHINE TRADE SERVICES LIMITED
Ninth Second Cross-Defendant
S RAAM KUMAR
Tenth Second Cross-Defendant
JUDGE: RARES J
DATE OF ORDER: 6 NOVEMBER 2009
WHERE MADE: SYDNEY
Upon the second cross claimants (Suzlon parties): (a) by their counsel giving to the Court (i) the undertakings set out in Schedule A to the penal notice annexed to these orders; (ii) the usual undertaking as to damages; (b) by their solicitors, undertaking to pay the filing fee of this motion. THE COURT ORDERS THAT: 1. The second cross claimants have leave to file in court the notice of motion dated 5 November 2009. 2. Orders 1 to 7 sought in the notice of motion be returnable instanter and ex parte. 3. The time for service of this motion, the orders, the penal notice annexed to this motion and supporting affidavits listed in Schedule B to the penal notice and such other material as is provided for in order 7 below be abridged and service be effected by on or before 13 November 2009. 4. Leave be given to the Second Cross Applicants to join BIP Holdings Ltd (BIP Holdings), a British Virgin Islands Business Company no. 1419807, as the Eleventh Second Cross Defendant. 5. Leave be given to the Second Cross Applicants to file a Second Further Amended Cross-Application and a Further Amended Statement of Second Cross-Claim. 6. Leave be given under Order 8 Rule 3 (2) of the Federal Court Rules to serve the Second Further Amended Cross-Application, the Further Amended Statement of Second Cross-Claim and any orders made by the Court pursuant to this notice of motion out of the jurisdiction upon each of the Cross-Defendants. 7. At the same time as service of the documents and orders referred to in order 7, BIP Holdings be served with: (a) this notice of motion; (b) a copy of the evidence relied on by the Second Cross Claimants to obtain these orders at the hearing of this motion; (c) any written submissions made to the Court at that hearing; (d) a note of any oral submissions made to the Court at that hearing; and (e) the penal notice annexed to this motion, having inserted or corrected any dates, times or amounts as ordered by the Court and the schedules thereto. 8. The parties have liberty to restore the matter by urgent arrangement with the associate to Justice Rares. 9. The freezing order made today and the motion filed today be stood over to 9.30 am on 20 November 2009.
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