Federal Court of Australia
Federal Court of Australia
Royal Caribbean Cruises Ltd v Reed [2021] FCA 51 File number: NSD 1359 of 2020
Judgment of: STEWART J
Date of judgment: 1 February 2021
Date of publication of reasons: 2 February 2021
Catchwords: PRACTICE AND PROCEDURE – application to serve originating process on a person in a foreign country pursuant to r 10.43(2) of the Federal Court Rules 2011 (Cth) – whether the Court has jurisdiction by reason of the claim arising out of an agreement that relates to the carriage of persons by a ship within the meaning of s 4(3)(f) of the Admiralty Act 1988 (Cth) – whether the requirement that the proceeding is of a kind mentioned in r 10.42 is satisfied – whether a prima facie case for relief is made out – leave granted
Legislation: Admiralty Act 1988 (Cth) ss 4(1), 4(3)(f), 9(1) Federal Court Rules 2011 (Cth) rr 10.42, 10.43
Cases cited: Century Insurance Ltd (in prov liq) v New Zealand Guardian Trust Ltd [1996] FCA 376 Heilbrunn v Lightwood plc [2007] FCA 1518; 164 FCR 1 Ho v Akai Pty Ltd (in liq) [2006] FCAFC 159; 247 FCR 205 Neville's Bus Service Pty Ltd v Pitcher Partners Consulting Pty Ltd [2016] FCA 859 Sino Iron Pty Ltd v Mineralogy Pty Ltd [2019] FCA 675 Western Australia v Vetter Trittler Pty Ltd (in liq) (1991) 30 FCR 102
Division: General Division
Registry: New South Wales
National Practice Area: Admiralty and Maritime
Number of paragraphs: 25
Date of hearing: 29 January 2021
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