Federal Court of Australia
Federal Court of Australia
CSBP Limited v BBC Chartering Carriers GmbH & Co KG [2021] FCA 554 File number(s): NSD 1384 of 2020
Judgment of: RARES J
Date of judgment: 7 May 2021
Legislation: Carriage of Goods by Sea Act 1991 (Cth) Federal Court Rules 2011 rr 10.42, 10.43 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965 International Convention for the Unification of Certain Rules of Law relating to Bills of Lading done at Brussels on 25 August 1924
Cases cited: Ho v Akai Limited (In Liq) (2006) 247 FCR 205 Mount Isa Mines Ltd v The Ship "Thor Commander" (2018) 263 FCR 181
Division: General Division
Registry: New South Wales
National Practice Area: Admiralty and Maritime
Number of paragraphs: 28
Date of hearing: 7 May 2021
Counsel for the Plaintiff: Mr J. Kennedy
Solicitor for the Plaintiff: HWL Ebsworth
ORDERS NSD 1384 of 2020
BETWEEN: CSBP LIMITED Plaintiff
AND: BBC CHARTERING CARRIERS GMBH & CO KG Defendant
order made by: RARES J DATE OF ORDER: 7 MAY 2021
THE COURT ORDERS THAT:
1. The plaintiff have leave to serve the following documents on the defendant in 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: (a) the originating application; (b) the concise statement of claim; together with (c) this order. 2. Costs of the interlocutory application filed on 4 May 2021 be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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