Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Beluga Shipping GmbH & Co v Suzlon Energy Ltd (No 5)[2011] FCA 176 Citation: Beluga Shipping GmbH & Co v Suzlon Energy Ltd (No 5)
Parties: BELUGA SHIPPING GMBH & CO. KS "BELUGA FANTASTIC" v SUZLON ENERGY LTD, SUZLON ENERGY AUSTRALIA PTY LTD, SUZLON INFRASTRUCTURE LIMITED, SUZLON WIND ENERGY CORPORATION, USA, SUZLON STRUCTURES PTE LTD, SE SHIPPING PTE LIMITED, SANJEEV BANGAD, SS OCEANWIND PTE LIMITED, GENUS SHIPPING SERVICES PVT LIMITED, RAJAGOPALAN SRIDHAR, BLUEWIND ENTERPRISES (UK) LTD, SUNSHINE TRADE SERVICES LIMITED, S RAAM KUMAR, BIP HOLDINGS LIMITED (BC# 1419807), MANNING LIMITED (BAHAMAS COMPANY NO 156337), FRANKFURTER BANKGESELLSCHAFT (SCHWEIZ) AG (A SWISS COMPANY), MERRILL LYNCH BANK (SUISSE SA (A SWISS COMPANY), CREDIT SUISSE GROUP SA (A SWISS COMPANY)
File number: NSD 1670 of 2008
Judge: RARES J
Date of judgment: 4 March 2011
Corrigendum: 17 March 2011
Catchwords: PRACTICE AND PROCEDURE – service out of jurisdiction – application for service of originating process on person in foreign country outside jurisdiction – service on person in foreign country party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 – service in accordance with the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 pursuant to O 8A r 3(2)(A) – whether court had jurisdiction under O 8 r 2 of Federal Court Rules – whether proceedings were of kind mention in O 8 r 2 – whether prima facie case for relief claimed in proceedings
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