Channar Mining Pty Ltd v CMIEC (Channar) Pty Ltd

The case of Channar Mining Pty Ltd v CMIEC (Channar) Pty Ltd is an application to set aside service of notice of writ out of jurisdiction. The plaintiffs, Channar Mining Pty Ltd and Hamersley Iron Pty Ltd, are suing the defendants, CMIEC (Channar) Pty Ltd, CMIEC (Australia) Pty Ltd, China Metallurgical Import and Export Corporation, and China Iron & Steel Trade Group Corporation. The defendants are companies located in the People's Republic of China. The third and fourth defendants sought to set aside the service of notice of writ, arguing that it was contrary to the domestic law of the People's Republic of China. The court had to decide whether the service of notice of writ was contrary to the domestic law of the People's Republic of China. The court found that the service of notice of writ was not contrary to the domestic law of the People's Republic of China, as the domestic law requires a formal request by the Australian court through diplomatic channels seeking the assistance of Chinese authorities in serving the documents. The court also found that the service of notice of writ was not a command by the sovereign but a notice by the solicitors for the plaintiffs that a writ has issued and of the consequences which may flow if no appearance is entered. The court dismissed the application to set aside the service of notice of writ.