Facts: Cruise ship sank off NZ coast after hitting rocks in 1986. Passengers sued the travel agent and ship owner in NSWSC for breach of K and negligence. Ds filed a cross-claim seeking indemnity/contribution from a NZ Co, which allegedly employed the pilot who controlled the ship. The NZ Co appeared to defend itself (thus submitted to jurisdiction). Ds then amended claim to include damages for loss of ship etc. The NZ Co then objected to jurisdiction of court in respect of the claim for loss of ship.
Issue: Whether the NZ Co’s submission to pre-amended cross-claim constituted a submission to an amended claim for loss of ship.
Held: Foreign party that brings an action does not thereby submit to jurisdiction for all cross claims. However, NZ Co’s submission to jurisdiction in respect of damage to personal injury meant that it could not object to amended claim raising other damage to property where amended claim was based on same subject matter as original. Filing an appearance in the proceedings is a voluntary submission to any amendment of the original claim which is founded on or directly arises out of the same subject matter as the original claim