Fuk Hing Steamship Co Ltd v Shagang Shipping Co Ltd [2014] FCA 1200

FEDERAL COURT OF AUSTRALIA

Fuk Hing Steamship Co Ltd v Shagang Shipping Co Ltd [2014] FCA 1200 Citation: Fuk Hing Steamship Co Ltd v Shagang Shipping Co Ltd [2014] FCA 1200

Parties: FUK HING STEAMSHIP CO LIMITED v SHAGANG SHIPPING CO LIMITED

File number: NSD 1001 of 2014

Judge: RARES J

Date of judgment: 24 October 2014

Legislation: Admiralty Act 1988 (Cth) s 34(1) Federal Court Rules 2011 (Cth) r 10.43 Judiciary Act 1903 (Cth) Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters

Cases cited: Shagang Shipping Co Ltd v Ship "Bulk Peace" as surrogate for Ship "Dong-A-Astrea" [2014] FCAFC 48 referred to Beluga Shipping GmbH & Co KS "Beluga Fantastic" v Headway Shipping Limited (No 2) (2008) 251 ALR 620 applied Ho v Akai Pty Limited (In Liq) (2006) 24 ACLC 1526 applied

Date of hearing: 24 October 2014

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 16

Counsel for the Plaintiff: Mr E Cox

Solicitor for the Plaintiff: HWL Ebsworth Lawyers

IN THE FEDERAL COURT OF AUSTRALIA in admiralty NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1001 of 2014

BETWEEN: FUK HING STEAMSHIP CO LIMITED

Plaintiff

AND: SHAGANG SHIPPING CO LIMITED

Defendant

JUDGE: RARES J DATE OF ORDER: 24 OCTOBER 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The plaintiff have leave to serve the following documents on the defendant in Hong Kong 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: (a) the originating application; (b) the statement of claim; (c) the plaintiff's genuine steps statement; together with (d) this order. 2. Costs of the interlocutory application filed on 23 October 2014 be reserved. 3. The proceedings stand over to 5 December 2014 for directions. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.