Federal Court of Australia
Federal Court of Australia
McLean-Phillips v Carnival plc t/as P&O Cruises Australia (No 3) [2023] FCA 985 File number(s): NSD 1039 of 2022
Judgment of: JACKMAN J
Date of judgment: 18 August 2023
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment, or alternatively to strike out the further amended statement of claim – whether the statement of claim now pleads the deficiencies in the services provided and a causal link between those deficiencies and the claimed loss – whether there is a reasonable prospect of establishing a breach of the statutory guarantees by reason of a failure to implement effective cleaning protocols – whether the pleadings relating to a failure to warn should be struck out – leave granted to file further amended statement of claim
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law), ss 61, 267, 268 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 16.21, 26.01
Cases cited: Crowley v Worley Limited [2022] FCAFC 33; (2022) 400 ALR 452 McLean-Phillips v Carnival plc t/as P&O Cruises Australia [2023] FCA 328 Pancontinental Mining Limited v Posgold Investments Pty Ltd [1994] FCA 131; (1994) 121 ALR 405
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 25
Date of hearing: 16 August 2023
Counsel for the Applicant: Mr J Sheahan KC, Ms R Francois and Mr M Pruscino
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