K S Textiles Pty Ltd v Portir Transitarios LDA

In the matter of *K S Textiles Pty Ltd v Portir Transitarios LDA*, heard before Judge Riethmuller in the Federal Court of Australia, the applicant, K S Textiles Pty Ltd, sought damages for alleged damage to chattels contained within a shipping container. The respondent, Portir Transitarios LDA, was a foreign entity against whom service of originating process was attempted outside of Australia.

The primary legal issues before the Court were whether valid service of the originating process had been effected on the respondent in accordance with the *Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters* (the Hague Convention), and consequently, whether the Court had jurisdiction to hear the applicant's claim for damages to the cargo.

Judge Riethmuller considered the requirements for service under the Hague Convention, noting that the applicant had elected to use the judicial authorities of Portugal for service. The Court found that the applicant had failed to demonstrate that the documents served on the respondent were translated into Portuguese, as required by Article 5 of the Convention and the specific declarations made by Portugal. This failure meant that the service was not effected in a manner prescribed by the Convention, and therefore, the Court lacked jurisdiction over the respondent.

Consequently, the Court ordered that the originating application be dismissed for want of service and jurisdiction.