Federal Court of Australia
Federal Court of Australia
Langford v RCL Cruises Ltd t/as Royal Caribbean Cruises [2023] FCA 626 File numbers: NSD 1075 of 2022 NSD 1066 of 2022 NSD 1067 of 2022 NSD 1068 of 2022 NSD 1069 of 2022 NSD 1074 of 2022
Judgment of: JACKMAN J
Date of judgment: 19 June 2023
Catchwords: PRIVATE INTERNATIONAL LAW – application for temporary stay of proceedings – where parallel proceedings commenced by applicants in the United States of America – where Australian proceedings commenced as a "holding action" to preserve claims against expiration of limitation periods – forum non conveniens principles not applicable to applications for temporary stay – discretionary factors weigh in favour of orders for temporary stay PRACTICE AND PROCEDURE – power to order temporary stay is an aspect of the Court's general power to control its own proceedings – temporary stay merely postpones pretrial preparation steps and hearing
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