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
Summary, issues, holding and outcome
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Procedural Posture
Application for Substituted Service / Interlocutory Application
Legal Issues
- 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...
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