Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Advanced Energy Resources Pty Ltd v Bremer Lloyd Marine Logistics GmbH & Co KG [2017] FCA 1487 File number(s): WAD 540 of 2017
Judge(s): SIOPIS J
Date of judgment: 28 November 2017
Catchwords: PRACTICE AND PROCEDURE – application for service of court process out of the jurisdiction – claim for damage to goods whilst on a voyage from Germany to Australia – service upon a corporate entity in Germany under the Convention between the United Kingdom and Germany regarding Legal Proceedings in Civil and Commercial Matters.
Legislation: Carriage of Goods by Sea Act 1991 (Cth) s 10 Admiralty Act 1988 (Cth) ss 4(3)(e), 4(3)(f) Federal Court Rules 2011 (Cth) rr 10.42, 10.43
Date of hearing: 28 November 2017
Registry: Western Australia
Division: General Division
National Practice Area: Admiralty and Maritime
Category: Catchwords
Number of paragraphs: 24
Counsel for the Plaintiff: Mr P Graham
Solicitor for the Plaintiff: Clyde & Co
ORDERS WAD 540 of 2017
BETWEEN: ADVANCED ENERGY RESOURCES PTY LTD Plaintiff
AND: BREMER LLOYD MARINE LOGISTICS GMBH & CO KG First Defendant
ANABUKI WORKS CO LTD Second Defendant
JUDGE: SIOPIS J DATE OF ORDER: 28 NOVEMBER 2017
THE COURT ORDERS THAT:
1. The plaintiff has leave to serve the Originating Application dated 1 November 2017, the Statement of Claim dated 1 November 2017 and the Genuine Steps Statement dated 1 November 2017 in this matter on the first defendant in Germany by either of the following methods: (a) in accordance with Article 6 of the Convention between the United Kingdom and Germany regarding Legal Proceedings in Civil and Commercial Matters done at London on 20 March 1928, by posting it to the first defendant's registered address at Rembertistr. 28, 28203 Bremen, Bremen, Germany by Express Post; alternatively (b) 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 Germany. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate