Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dollar Sweets Company Pty Ltd v Peaceline (Shipping) GmbH [2014] FCA 312 Citation: Dollar Sweets Company Pty Ltd v Peaceline (Shipping) GmbH [2014] FCA 312
Parties: DOLLAR SWEETS COMPANY PTY LTD (ABN 460 006 044 159) v PEACELINE (SHIPPING) GMBH and HEROCEAN AUSTRALIA PTY LTD (ACN 150 451 086)
File number: NSD 114 of 2014
Judge: RARES J
Date of judgment: 14 March 2014
Legislation: Admiralty Act 1988 (Cth) Carriage of Goods by Sea Act 1991 (Cth) Federal Court Rules 1979 (Cth) Federal Court Rules 2011 (Cth) Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
Cases cited: Ho v Akai Pty Limited (in Liquidation) (2006) 24 ACLC 1526
Date of hearing: 14 March 2014
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 8
Solicitor for the Applicant: Colin Biggers & Paisley
IN THE FEDERAL COURT OF AUSTRALIA in admiralty NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 114 of 2014
BETWEEN: DOLLAR SWEETS COMPANY PTY LTD (ABN 460 006 044 159)
Applicant
AND: PEACELINE (SHIPPING) GMBH
First Respondent
HEROCEAN AUSTRALIA PTY LTD (ACN 150 451 086)
Second Respondent
JUDGE: RARES J DATE OF ORDER: 14 MARCH 2014 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The plaintiff be granted leave to serve the first defendant in the Federal Republic of Germany in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at The Hague on 15 November 1965, as acceded to by that country. 2. The proceedings be stood over to 16 May 2014 and the originating application, as between the plaintiff and second defendant, be returnable on that day for first directions. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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