Stewart Chartering Ltd v C. & O. Managements S.A. (Practice Note)
| Jurisdiction | England & Wales |
| Date | 1979 |
| Court | Queen's Bench Division (Commercial Court) |
Practice - Judgment in default of appearance - Mareva injunction - Claim for liquidated damages and Mareva injunction - Mareva injunction granted - Application for leave to sign judgment in default of appearance - Court's jurisdiction to grant leave and continue Mareva injunction -
APPLICATION for leave to enter judgment in default of appearance.
By a specially indorsed writ dated August 22, 1979, the plaintiffs, Stewart Chartering Ltd., claimed against the defendants, C. & O. Managements S.A. of Greece and Palirima Shipping Co. Ltd. of Cyprus, £23,101.33 in respect of services rendered, and an injunction to restrain the defendants from, inter alia, removing from the jurisdiction any of their assets, save in so far as such assets exceeded £32,500.
By orders of the same date, Judge Hawser, sitting as a commercial judge, Queen's Bench Division, granted the injunction and gave leave to serve notice of the writ on the defendants outside the jurisdiction.
The defendants failed to enter an appearance and on December 13, 1979, the plaintiffs, notwithstanding that a claim for an injunction was not mentioned in
No cases are referred to in the judgment or were cited in argument.
Jonathan Hirst for the plaintiffs.
ROBERT GOFF J. read the following judgment in open court. There is before the court an ex parte application for leave to sign judgment in default of appearance in an action for a liquidated sum brought against the defendants outside the jurisdiction who have been properly served with proceedings pursuant to leave granted under
I am therefore presented...
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...learned judge should not have made an order for a Mareva type injunction. 7 The point, in fact, had come up in Stewart Chartering Limited v. C. & O. Managements S.A. and another, reported as a practice note in [1980] 1 W.L.R. 460, the learned judge being Mr. Justice Robert Goff (as he then......