TYNE IMPROVEMENT COMMISSIONERS v. ARMEMENT ANVERSOIS, SOCIETE ANONYME. (THE "BRABO.")

(1948) 82 Ll.L.Rep. 251

HOUSE OF LORDS.

Before Lord Porter, Lord Simonds, Lord du Parcq, Lord Normand and Lord MacDermott.

Practice - Writ - Foreign defendant - Service of notice of writ out of jurisdiction - "Proper party to an action properly brought against some other person duly served within the jurisdiction" -Sinking of Belgian steamship (carrying British Government-owned cargo) off entrance to Tyne-Expenses incurred by plaintiff harbour authority, acting under statutory powers, in removal of wreck - Wreck removal expenses recoverable from owner of wreck (which includes cargo)-Action to recover such expenses brought against Belgian shipowners (first defendants), Minister of Supply (second defendant), and nominal consignees of cargo (third defendants)-Writ served upon A., director of first defendants, resident in England-Service of writ upon A. set aside on ground that A. at the material time was not carrying on the first defendants' business in England-Ex parte application by plaintiffs, for leave to serve notice of writ out of the jurisdiction, granted by learned Judge-Motion by first defendants to set aside order-Whether first defendants "proper parties" and whether action "properly brought" against second and third defendants- Tests to be applied - Bona fides - Whether second and third defendants "owners" of cargo - Rules of the Supreme Court, Order 11, r. 1 (g)- Privileges and prerogatives of Crown- Action against Minister of Supply - Immunity - War Department Stores Act, 1867, Sect. 20-Tyne Improvement Acts, 1850-1934 - Ministry of Supply Act, 1939-Ministry of Supply (Transfer of Powers) (No. 1) Order, 1939.