Royal Caribbean Cruises Ltd v Reed (No 3) [2021] FCA 225

Federal Court of Australia

Royal Caribbean Cruises Ltd v Reed (No 3) [2021] FCA 225 File number: NSD 1359 of 2020

Judgment of: STEWART J

Date of judgment: 12 March 2021

Catchwords: PRACTICE AND PROCEDURE – service abroad – application by respondents to set aside previous orders for substituted service pursuant to r 10.49 of the Federal Court Rules 2011 (Cth) and for declaration that service had not been effected – conditional application by applicants in response seeking orders pursuant to r 10.48 that deemed service has occurred – where applicants were previously granted leave to serve originating process in accordance with requirements for service under laws of the United States of America – where several unsuccessful attempts at personal service were made – whether r 10.49 requires all possible or reasonably possible avenues of service under the law of the foreign country to be exhausted before substituted service can be ordered – where respondents have proper notice of the proceeding demonstrated by them filing unconditional appearance – purpose of service is to give notice – pointless challenge to service – application dismissed COSTS – whether respondents' local solicitors should be jointly and severally liable for costs pursuant to s 43(3)(f) of the Federal Court of Australia Act 1976 (Cth) – a close case – not akin to abuse of process or for ulterior purpose – application nevertheless pointless – costs against the respondents on an indemnity basis

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43(3)(f) Federal Court Rules 2011 (Cth) rr 10.48, 10.49 Federal Court Rules 1979 (Cth) (repealed) O 9 r 7(1)(c) Convention on the Service Abroad of Judicial and Extrajudicial documents in Civil or Commercial Matters done at the Hague on 15 November 1965