Royal Caribbean Cruises Ltd v Reed (No 2) [2021] FCA 114

Royal Caribbean Cruises Ltd v Reed (No 2) [2021] FCA 114

Reasonable attempts were made to personally serve the respondents, who appear to be evading service; as the respondents' US lawyers are in communication and conduct proceedings on their behalf, service by email to those lawyers is likely to bring the documents to the respondents' attention. Therefore, substituted service via email to the US lawyers is appropriate.

Jurisdiction
Australia
Judgment Date
18 February 2021
Procedural Posture
Application for Substituted Service / Interlocutory Application
Outcome
Application for substituted service granted
Legal Topics
['substituted Service' 'service Out of Jurisdiction' 'federal Court Procedure']

Case Brief

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Procedural Posture

Application for Substituted Service / Interlocutory Application

  1. 1 ['Whether leave should be granted for substituted service under r 10.49 of the Federal Court Rules 2011 (Cth)']

Ratio Decidendi

Reasonable attempts were made to personally serve the respondents, who appear to be evading service; as the respondents' US lawyers are in communication and conduct proceedings on their behalf, service by email to those lawyers is likely to bring the documents to the respondents' attention. Therefore, substituted service via email to the US lawyers is appropriate.

Court Disposition

Application for substituted service granted

Orders

  • ["Leave granted to serve specified documents on the respondents by emailing to their US lawyers' email addresses as recorded in the interlocutory application dated 17 February 2021." 'Documents served in this manner are taken as served on the respondents.' "Costs of the applicants' interlocutory application dated 17...