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“Berge Sisar” Borealis A.B. -v- Stargas Ltd. and Others

22nd Mar 2001

[2002] 2 A.C 205; [2001] 1 Lloyd’s Rep. 663; [1997] 1 Lloyd’s Rep. 635

Jonathan Gaisman Q.C. and Stephen Kenny – Practice – Joinder – Jurisdiction – Application to set aside – Necessary and proper party to action – Sale of cargo of propane – Dispute as to contractual quality of propane – Buyers claimed against sellers – Buyers obtained leave to join shippers as second defendants and serve concurrent writ out of jurisdiction – Whether shippers necessary and proper party – Whether affidavit defective – Whether case not a proper one for service out of jurisdiction.