Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tweedale v Carnival PLC trading as P&O Cruises [2021] FCA 1633 File number(s): NSD 967 of 2019 NSD 969 of 2019 NSD 1016 of 2019 NSD 1017 of 2019 NSD 1019 of 2019
Judgment of: PERRY J
Date of judgment: 22 December 2021
Catchwords: PRACTICE AND PROCEDURE – application for service outside the jurisdiction – application for substituted service – where applicants propose to effect service on second respondent's solicitor under Civil Procedure Rules 2002 (Vanuatu) – where applicants propose to effect service personally on third respondent under Civil Procedure Rules 2002 (Vanuatu) – whether requirements of Federal Court Rules 2011 (Cth) rr 10.43 and 10.49 satisfied – no discretionary grounds to decline to grant leave – applications granted PRACTICE AND PROCEDURE – application to correct name of second respondent – where liquidator named as party as opposed to company in liquidation – where the applicants were mistaken as to the correct description of the second respondent company rather than as to the party's identity – no apparent prejudice to company in liquidation – application granted
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