The second application would under the Rules, be made to t to the Registrar, but
now that I am to consider the first,
it saves time to deal with both
applications.
The plaintiff�s outline of its case, in the affidavit of Philip Robp Roberts and
in the submission of learned counsel
Mr. McQuire, discloses causes of action
in contract; possibly charterparty. It is sufficient to allow court
processes
to be served outside jurisdiction in this case, in Japan.
The provision of our Rules (r5) that service on non British subject ject be of
notice other than of the writ of summons
itself, is now outdated. I exercise
discretion and grant order to serve a copy of the writ of summons dated
12.2.1999
and filed at court on 16.2.1999, on the defendants, outside this
jurisdiction, in Japan. I further grant order authorising
substituted
service, the writ be served by registered mail sent to the addresses
provided by the defendants. In addition
to the orders, it is advisable if
solicitors for the plaintiff get in touch with correspondent solicitors in
Japan to
have the defendants served in the manner court documents
originating cases are served in Japan. Correspondent�s reports would
be
excellent assurance in the event of application for default judgment. Should
it be possible to get a solicitor in
Japan to effect service, the service so
effected is to be regarded as authorised by order of this court. The
language
of this Court is English, all papers to be filed at Court will be
in English or will be filed with their translation in English.
The contract
is in English and the Law of Solomon Islands is stated to be the law to
apply. At this stage, however, even
the contract itself is regarded as being
at issue.
lass="Mso="MsoNormal" style="margin-top: 1; margin-bottom: 1">
Defendants are given 42 days from the date of service to file appearance or
other document that acknowledges service of
the writ of summons on them.
Costs in the cause.
Deed on the 3 March 1999
Sam Lungolungole-Awich
Judge
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