Thompson v RCL Cruises [2013] FCA 1427

Thompson v RCL Cruises [2013] FCA 1427

Having satisfied the requirements for a prima facie case and jurisdiction under the Admiralty Act 1988 (Cth) and Federal Court Rules 2011 (Cth), the Court grants leave for service out of the jurisdiction on the foreign defendants, Celebrity Cruises Inc and Celebrity Silhouette Inc, in accordance with applicable laws and conventions.

Jurisdiction
Australia
Judgment Date
06 December 2013
Procedural Posture
Originating Application and Statement of Claim / Interlocutory Application for Leave to Serve Out of Jurisdiction
Outcome
Leave granted for service out of jurisdiction subject to specified conditions; further directions ordered.
Legal Topics
['service Out of Jurisdiction' 'personal Injury (maritime)' 'jurisdiction Under Admiralty Act 1988 (cth)' 'application of Hague Convention' 'prima Facie Case for Service']
['admiralty Law' 'tort Law' 'contract Law' 'civil Procedure'] ['service Out of Jurisdiction' 'personal Injury (maritime)' 'jurisdiction Under Admiralty Act 1988 (cth)' 'application of Hague Convention' 'prima Facie Case for Service']

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Procedural Posture

Originating Application and Statement of Claim / Interlocutory Application for Leave to Serve Out of Jurisdiction

Legal Issues

  1. 1 ['Whether leave should be granted to serve second and third defendants outside Australia' 'Whether the Federal Court has jurisdiction under the Admiralty Act 1988 (Cth) and Federal Court Rules 2011 (Cth) for claims arising from personal injury and contract occurred on a passenger cruise' 'Whether plaintiffs have established a prima facie case for service out']

Ratio Decidendi

Having satisfied the requirements for a prima facie case and jurisdiction under the Admiralty Act 1988 (Cth) and Federal Court Rules 2011 (Cth), the Court grants leave for service out of the jurisdiction on the foreign defendants, Celebrity Cruises Inc and Celebrity Silhouette Inc, in accordance with applicable laws and conventions.

Court Disposition

Leave granted for service out of jurisdiction subject to specified conditions; further directions ordered.

Orders

  • ['First defendant to file and serve defence by 13 December 2013.' 'Leave granted to plaintiffs to serve second defendant in the Republic of Liberia in accordance with Liberian law and in the United States in accordance with the Hague Convention.' 'Leave granted to plaintiffs to serve third defendant in the Republic...