TYNE IMPROVEMENT COMMISSIONERS v. ARMEMENT ANVERSOIS, SOCIETE ANONYME. (THE "BRABO.")

(1948) 82 Ll L Rep 251

HOUSE OF LORDS.

Before Lord Porter, Lord Simonds, Lord du Parcq, Lord Normand and Lord MacDermott.

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 - Wreck removal expenses recoverable from owner of wreck (which includes cargo)-Action to recover such expenses brought against Belgian shipowners (first defendants), Minister of Supply (second defendant), 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- Tests to be applied - Bona fides - Whether second and third defendants "owners" of cargo - Rules of the Supreme Court, Order 11, r. 1 (g)- Privileges and prerogatives of Crown- Action against Minister of Supply - Immunity - War Department Stores Act, 1867, Sect. 20-Tyne Improvement Acts, 1850-1934 - Ministry of Supply Act, 1939-Ministry of Supply (Transfer of Powers) (No. 1) Order, 1939.