Elecnor SA v The Owners of the Ship “Soren Toubro” - Federal Court (Trial Div)(John A Hargrave Prothonotary) - 30 May 1996

Admiralty practice - Whether plaintiff is required to name and watch for all possible sisterships with a view to serving and arresting the first ship into the jurisdiction in order to be able to renew an in rem statement of claim

On 25 January 1995 the plaintiff cargo owners commenced in action in rem for damages for loss of and damage to cargo carried from Spain to Manila on the vessel Soren Toubro . On 15 January 1996 the plaintiffs applied for and obtained ex parte an extension of time for service of the statement of claim on the basis that the Soren Toubro had not been within the jurisdiction since the issuance of the statement of claim. The extension was granted on terms: