NSW Caselaw
New South Wales Supreme Court CITATION : KNIGHT v ADVENTURE ASSOCIATES & ORS [1999] NSWSC 861 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 20018/1998 HEARING DATE(S) : 10 August 1999 JUDGMENT DATE : 27 August 1999
Marie Louise Knight (Plaintiff) v PARTIES : Adventure Associates Pty Ltd (First Defendant) Quark Expeditions Inc (Second Defendant) Far Eastern Shipping Co (Third Defendant) JUDGMENT OF : Master Malpass
Mr A Casselden (Plaintiff) COUNSEL : N/A (First Defendant) Mr G Nell (Second Defendant) Mr R A Cavanagh (Third Defendant) Stacks - The Law Firm (Plaintiff) SOLICITORS : Ebsworth & Ebsworth (First Defendant) Tress Cocks & Maddox (Second Defendant) Norton Smith & Co (Third Defendant) CATCHWORDS : Service of process outside Australia; application for stay founded on alleged submission to jurisdiction of foreign court; onus and discretionary considerations. ACTS CITED : Trade Practices Act 1974 s 52, s 52A, s 74. Supreme Court Rules 1970, Pt 10 r 6A, Pt 11 r 8. Akai Pty Ltd v The People's Insurance Co Ltd (1996) 141 ALR 374. CASES CITED : Oceanic Sun Line Special Shipping Company Inc v Fay 165 CLR 197. FAI General Insurance Co Ltd v Ocean Marine Mutual Protection and Indemnity Association Ltd & Anor (1997) 41 NSWLR 559. Baltic Shipping Company v Dillon (1991) 22 NSWLR 1. DECISION : See Paragraph 43
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
MASTER MALPASS
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