Federal Court of Australia
Federal Court of Australia
Royal Caribbean Cruises Ltd v Reed (No 4) [2021] FCA 614 File number: NSD 1359 of 2020
Judgment of: STEWART J
Date of judgment: 4 June 2021
Catchwords: PRACTICE AND PROCEDURE – leave to discontinue application for anti-suit injunction on eve of final hearing – whether injustice to respondents – conditions to discontinuance – whether respondents should have leave to file cross-claim seeking negative declarations – relationship to foreign proceeding – utility
Legislation: Federal Court Rules 2011 (Cth) r 26.12(2)(c)
Cases cited: Greaves v CGU Insurance Ltd [2004] NSWSC 912 SCI Operations Pty Ltd v Trade Practices Commission (1984) 2 FCR 113 Thunder Studios Inc (California) v Kazal (No 11) [2020] FCA 1656 Trade Practices Commission v Manfal Pty Ltd (in liq) (No 3) [1991] FCA 831; 33 FCR 382 Wickham v Bells Security Pty Ltd [2006] QSC 167
Division: General Division
Registry: New South Wales
National Practice Area: Admiralty and Maritime
Number of paragraphs: 20
Date of hearing: 4 June 2021
Counsel for the Applicants: D Villa SC, C O Gleeson and W Liu
Solicitor for the Applicants: HFW Australia
Counsel for the Respondents: T E O'Brien and D P Farinha
Solicitor for the Respondents: HBA Legal
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
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