TYNE IMPROVEMENT COMMISSIONERS v. ARMEMENT ANVERSOIS, SOCIETE ANONYME, AND OTHERS.

(1946) 80 Ll.L.Rep. 190

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher.

Practice - Writ - Foreign defendant - Service of notice of writ out of jurisdiction - "Proper party to an action properly brought against some other person duly served within the jurisdiction" - Sinking of Belgian steamship (carrying British Government-owned cargo) off entrance to Tyne - Expenses incurred by plaintiff harbour authority, acting under statutory powers, in removal of wreck - Action to recover such expenses brought against Belgian shipowners (first defendants), Ministry of Supply (second defendants), and nominal consignees of cargo (third defendants) - Writ served upon A., director of first defendants, resident in England - Service of writ upon A. set aside on ground that A. at the material time was not carrying on the first defendants' business in England - Ex parte application by plaintiffs for leave to serve notice of writ out of the jurisdiction granted by learned Judge - Motion by first defendants to set aside order - Whether first defendants "proper parties" and whether action "properly brought" against second and third defendants - Prima facie cause of action against second and third defendants - Likelihood that defences open to second and third defendants would be successful - Rules of the Supreme Court, Order 11, r. 1 (g) - War Department Stores Act, 1867, Sect. 20 - Tyne Improvement Act, 1890, Sect. 42 - Ministry of Supply Act, 1939.