ANL SINGAPORE PTE LTD V VISY PAPER PTY LTD

[2021] FCA 439, Federal Court of Australia, Rares J, 22 April 2021

Procedure – Container demurrage – Service out of the jurisdiction – Whether prima facie case for relief against defendants to be served in the Marshall Islands and Hong Kong – Service in accordance with the laws of the Marshall Islands – Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters – Federal Court Rules 2011 (Cth), rule 10.43

The plaintiff carrier sought permission to serve a claim out of the jurisdiction. The claim was for demurrage in respect of containers supplied by the plaintiff loaded on board MS Eagle at Port Botany in Sydney and discharged in Jakarta, Indonesia, under contracts of carriage under which the plaintiff was the carrier. The plaintiff sought to serve additional defendants in their home jurisdictions of the Marshall Islands and Hong Kong, in accordance with the laws of the Marshall Islands and the Hague Convention, respectively.