Royal Caribbean Cruises Ltd v Reed [2021] FCA 51

Royal Caribbean Cruises Ltd v Reed [2021] FCA 51

The applicants satisfied the statutory and procedural requirements for leave to serve the amended originating process outside Australia, as: the claim arose from a contract for carriage of persons by ship, thus being a general maritime claim; the proceedings lay within rule 10.42, items 3(b), (c), (d) and (f); and a prima facie case was established for relief sought (an anti-suit injunction) due to the exclusive jurisdiction clause and the real controversy between the parties.

Parties
First Applicant: Royal Caribbean Cruises Ltd; Second Applicant: RCL Cruises T/AS Royal Caribbean Cruises ABN 54 150 263 086; First Respondent: Paul Reed; Second Respondent: Ivy Reed
Jurisdiction
Australia
Judgment Date
01 February 2021
Procedural Posture
Application for Leave to Serve Originating Process Out of Jurisdiction / Interlocutory
Outcome
Leave granted for service out of jurisdiction
Legal Topics
Service Out of Jurisdiction, Anti Suit Injunction, Exclusive Jurisdiction Clauses
Practice and Procedure Admiralty and Maritime Service Out of Jurisdiction Anti Suit Injunction Exclusive Jurisdiction Clauses

Case Brief

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Parties

Royal Caribbean Cruises Ltd

First Applicant

RCL Cruises T/AS Royal Caribbean Cruises ABN 54 150 263 086

Second Applicant

Paul Reed

First Respondent

Ivy Reed

Second Respondent

Procedural Posture

Application for Leave to Serve Originating Process Out of Jurisdiction / Interlocutory

Legal Issues

  1. 1 Whether the Court has jurisdiction under Admiralty Act 1988 (Cth) s 4(3)(f) and s 9(1)
  2. 2 Whether the proceeding is of a kind mentioned in rule 10.42 of the Federal Court Rules 2011 (Cth)
  3. 3 Whether a prima facie case for relief is made out for service out of jurisdiction

Ratio Decidendi

The applicants satisfied the statutory and procedural requirements for leave to serve the amended originating process outside Australia, as: the claim arose from a contract for carriage of persons by ship, thus being a general maritime claim; the proceedings lay within rule 10.42, items 3(b), (c), (d) and (f); and a prima facie case was established for relief sought (an anti-suit injunction) due to the exclusive jurisdiction clause and the real controversy between the parties.

Court Disposition

Leave granted for service out of jurisdiction

Orders

  • Orders made on 29 January 2021 are vacated pursuant to the slip rule.
  • Applicants granted leave to file an amended originating process in the annexed form.