Federal Court of Australia
Federal Court of Australia
Royal Caribbean Cruises Ltd v Reed (No 2) [2021] FCA 114 File number: NSD 1359 of 2020
Judgment of: STEWART J
Date of judgment: 18 February 2021
Catchwords: PRACTICE AND PROCEDURE – application for substituted service pursuant to r 10.49 of the Federal Court Rules 2011 (Cth) – where service not successful on a person in a foreign country – where reasonable attempts have been made to effect personal service – where no reasonable explanation why respondents' foreign lawyers not authorised to accept service – leave granted to serve documents on respondents' foreign lawyers by email
Legislation: Federal Court Rules 2011 (Cth) r 10.49
Cases cited: Royal Caribbean Cruises Ltd v Reed [2021] FCA 51
Division: General Division
Registry: New South Wales
National Practice Area: Admiralty and Maritime
Number of paragraphs: 6
Date of hearing: Determined on the papers
Solicitor for the Applicants: HFW Australia
ORDERS NSD 1359 of 2020
BETWEEN: ROYAL CARIBBEAN CRUISES LTD First Applicant
RCL CRUISES T/AS ROYAL CARIBBEAN CRUISES ABN 54 150 263 086 Second Applicant
AND: PAUL REED First Respondent
IVY REED Second Respondent
order made by: STEWART J DATE OF ORDER: 18 February 2021
THE COURT ORDERS THAT:
1. The applicants have leave to serve the following documents on the respondents by substituted service by emailing them to the respondents' lawyers' email addresses recorded in the applicants' interlocutory application dated 17 February 2021, namely: (a) a sealed copy of the Amended Originating Application filed on 2 February 2021 and the Amended Statement of Claim filed on 27 January 2021; (b) a copy of the orders made on 1 February 2021 giving leave to serve the documents out of the jurisdiction; and (c) a copy of these orders and the interlocutory application dated 17 February 2021. 2. Upon service in accordance with order 1, the documents so served will be taken to have been served on the respondents. 3. The costs of the applicants' interlocutory application dated 17 February 2021 are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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