International Maritime Services Pty Ltd v PDG SNA Tuhaa Pae

[2013] FCA 92

FEDERAL COURT OF AUSTRALIA

International Maritime Services Pty Ltd v PDG SNA Tuhaa Pae [2013] FCA 92

Citation:		International Maritime Services Pty Ltd v PDG SNA Tuhaa Pae [2013] FCA 92
Parties:		INTERNATIONAL MARITIME SERVICES PTY LTD v PDG SNA TUHAA PAE
File number:		WAD 14 of 2013
Judge:		GILMOUR J
Date of judgment:		12 February 2013
Legislation:		Federal Court Rules 2011 (Cth) rr 8.21(1)(c), 10.42, 10.43, 10.43(2), 10.43(3)(a)-(c)(ii), 10.43(4)(a)-(c)
Cases cited:		Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Opened for signature 15 November 1965. 658 UNTS 163 (entered into force 10 February 1969)
Date of hearing:	12 February 2013
Place:	Perth
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	7
Counsel for the Applicant:	Mr A Nair
Solicitor for the Applicant:	Cocks Macnish
Counsel for the respondent:	N/A

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 14 of 2013

BETWEEN:	INTERNATIONAL MARITIME SERVICES PTY LTD Applicant
AND:	PDG SNA TUHAA PAE Respondent

JUDGE:	GILMOUR J
DATE OF ORDER:	12 FEBRUARY 2013
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.The applicant be granted leave to amend the Originating Application pursuant to rule 8.21(1)(c) in terms of the Minute of Amended Originating Application.

2.The applicant file the Amended Originating Application within 7 days of this Order.

3.Pursuant to rule 10.43(2) the applicant be granted leave to serve the Originating Application, Amended Statement of Claim and Amended Genuine Steps Statement on the Respondent in Tahiti in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at the Hague on 15 November 1965.

4.The matter be re-listed for further directions at 10:30 am on Thursday, 11 April 2013.

5.The costs of these applications be reserved.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 14 of 2013

BETWEEN:	INTERNATIONAL MARITIME SERVICES PTY LTD Applicant
AND:	PDG SNA TUHAA PAE Respondent

JUDGE:	GILMOUR J
DATE:	12 FEBRUARY 2013
PLACE:	PERTH

REASONS FOR JUDGMENT

1. The following are the edited reasons given ex tempore in this matter on 12 February 2013.

2. The applicant in this proceeding has made an oral application for two kinds of orders.  First, it seeks leave to amend the originating application, in terms of annexure A to its minute of proposed orders. The amendment involves the substitution of the name of the present respondent to that appearing in annexure A.  Second, the applicant seeks leave to serve the amended originating application, the amended statement of claim and amended genuine steps statement on the respondent in Tahiti in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.  Opened for signature 15 November 1965.  658 UNTS 163 (entered into force 10 February 1969).  

3. The application for leave to amend the originating application is supported by an affidavit of Mr Ashwin Nair, a lawyer in the employ of the solicitors for the applicant, sworn by him on 11 February 2013.  I am satisfied that this affidavit supports the amendment which the applicant seeks.  I will make an order in that respect as sought by the applicant. 

4. The application for leave to serve the amended originating application and other documents in Tahiti is supported by a further affidavit of Mr Ashwin Nair, also sworn on 11 February 2013. As to this, I am satisfied that the proceeding is one in relation to a contract that is governed by the laws of Western Australia, and is one in which the applicant seeks an order for damages in relation to a breach of contract. Those two circumstances conform to r 10.42 of the Federal Court Rules 2011 (Cth) (the Rules) and, in particular, item 3(c) and (f). I am also satisfied that Mr Nair’s second affidavit meets the several requirements of r 10.43(3)(a)-(c)(ii) as well as r 10.43(4)(a)-(c) of the Rules.

5. Accordingly, the applicant has met the several requirements, relevantly, to support the making of the order which it seeks. 

6. For these reasons, I will make orders in terms of the applicant’s minute of proposed orders dated 12 February 2013, which contains annexure A to which I earlier referred.

7. I will also make an order that the costs of these applications be reserved.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour.

Associate:

Dated:       22 February 2013