Default judgment granted against corporate ship owner but dismissed against vessels for improper service.
The plaintiff ship repairer sought default judgment in rem and in personam for unpaid invoices related to repairs to the Defendant Ship.
The Federal Court granted default judgment against the in personam corporate owner, finding it was properly served and in default, and awarded $413,291.04 plus interest and costs.
However, the Court dismissed the motion as against the in rem defendant ships, finding the plaintiff failed to serve them in accordance with Rule 479 of the Federal Courts Rules, as there was no evidence the statement of claim was attached to the ships or that access could not be obtained.
