ST Shipping & Transport Inc v Vyzantio Shipping Ltd (The "Byzantio") - QBD (Com Ct) (HH Judge Havelock-Allan QC sitting as a High Court Judge) - 15 December 2004

Practice - Concurrent claim form issued for service out of jurisdiction - Extensions of time for service granted on without notice applications - Claim form served in Malta - Defendant not acknowledging service - Claimant obtaining judgment in default - Whether judgment should be set aside - Whether court had jurisdiction to extend time for service of claim form - Whether court should exercise discretion to set judgment aside

On 4 September 2002 the claimant charterers requested the defendant shipowners, a Maltese company with their registered office in Valetta, to agree a 6 month extension of the one year limitation period in view of the fact that sub-charterers had indicated that they might be bringing a cargo claim against the claimant. On 10 September 2002 the defendants granted a 6 month extension.