Downer Construction (PNG) Limited v Independent State of Papua New Guinea

[2010] FCA 1327

FEDERAL COURT OF AUSTRALIA

Downer Construction (PNG) Limited v Independent State of Papua New Guinea [2010] FCA 1327

Citation:		Downer Construction (PNG) Limited v Independent State of Papua New Guinea [2010] FCA 1327
Parties:		DOWNER CONSTRUCTION (PNG) LIMITED v THE INDEPENDENT STATE OF PAPUA NEW GUINEA
File number:		QUD 411 of 2010
Judge:		DOWSETT J
Date of judgment:		14 October 2010
Date of hearing:	14 October 2010
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	8
Counsel for the Applicant:	Mr B O'Keefe QC
Solicitor for the Applicant:	Clayton Utz
Counsel for the Respondent:	The Respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 411 of 2010

BETWEEN:	DOWNER CONSTRUCTION (PNG) LIMITED Applicant
AND:	THE INDEPENDENT STATE OF PAPUA NEW GUINEA Respondent

JUDGE:	DOWSETT J
DATE OF ORDER:	14 OCTOBER 2010
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.As soon as reasonably practicable the applicant serve the respondent with:

(a)the form 5 application filed on 1 October 2010;

(b)the affidavit of Dale Stuart Brackin filed on 1 October 2010;

(c)the further affidavit of Dale Stuart Brackin read by leave and filed this day; and

(d)a copy of this order.

2.The applicant have leave, pursuant to Order 8 rule 3(1)(a) of the Federal Court Rules, to effect such service outside of Australia and in Papua New Guinea, in accordance with the laws of Papua New Guinea.

3.The matter be listed for hearing at Brisbane on Tuesday, 1 February 2011.

4.The respondent file and serve any affidavits upon which it proposes to rely in answer to the claim on or before 14 January 2011.

5.Costs be reserved.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 411 of 2010

BETWEEN:	DOWNER CONSTRUCTION (PNG) LIMITED Applicant
AND:	THE INDEPENDENT STATE OF PAPUA NEW GUINEA Respondent

JUDGE:	DOWSETT J
DATE:	14 OCTOBER 2010
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. The applicant in this matter has applied for leave to serve the respondent, the Independent State of Papua New Guinea, outside of Australia pursuant to Order 8 of the Federal Court Rules.

2. I am satisfied that the Court has jurisdiction in these proceedings.

3. The proceedings are of a kind mentioned in O 8 r 2.  In particular they fall within items 9 and 13, and, possibly, item 1 contained in the table in that rule.

4. I am satisfied that a prima facie case for the relief claimed has been made out. 

5. I order that the form 5 application and supporting material be served accordingly, the supporting material comprising the affidavit of Dale Stuart Brackin read and filed by leave today, the affidavit of Dale Stuart Brackin filed on 1 October 2010 and read today, together with a copy of this order.  

6. I order that the matter be listed for hearing at Brisbane on Tuesday, 1 February 2011.

7. I order that the applicant advise the respondent of the date fixed for hearing by the service of this order. 

8. I order that the respondent file any affidavits upon which it proposes to rely in answer to the claim on or before 14 January 2011.  Costs are reserved. 

I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:       7 December 2010