Quinlan v Safe International Försäkrings AB [2005] FCA 1362

Quinlan v Safe International Försäkrings AB [2005] FCA 1362

Leave should be granted for service out of jurisdiction because the requirements under Order 8 of the Federal Court Rules are satisfied: the Federal Court has jurisdiction based on federal claims properly pleaded, the Policy is sufficiently connected to Australia for Order 8 to apply, and Australian law applies to the Policy due to s 8 of the Insurance Contracts Act overriding contrary clauses, so the applicant can sue in Australia despite an exclusive Swedish forum clause, especially as enforcing the clause would circumvent protective Australian statutory provisions.

Parties
Applicant: Nicole Ann Quinlan; First Respondent: Safe International Försäkrings AB; Second Respondent: Camp Counselors USA Pty Ltd (054 266 518)
Jurisdiction
Australia
Judgment Date
20 December 2005
Procedural Posture
Interlocutory Application for Leave to Serve Out of Jurisdiction and Related Orders / Leave to Serve Out of Jurisdiction; Interlocutory Directions
Outcome
Leave to serve out of the jurisdiction granted. Interlocutory orders regarding pleadings and directions made.
Legal Topics
Service Out of Jurisdiction, Proper Law of Contract, Exclusive Jurisdiction Clauses, Insurance Contracts Act, Forum Non Conveniens, Accrued Jurisdiction, Privity of Contract, Consumer Protection
Conflict of Laws Insurance Law Federal Jurisdiction Civil Procedure Service Out of Jurisdiction Proper Law of Contract Exclusive Jurisdiction Clauses Insurance Contracts Act +4 more

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Parties

Nicole Ann Quinlan

Applicant

Safe International Försäkrings AB

First Respondent

Camp Counselors USA Pty Ltd (054 266 518)

Second Respondent

Procedural Posture

Interlocutory Application for Leave to Serve Out of Jurisdiction and Related Orders / Leave to Serve Out of Jurisdiction; Interlocutory Directions

Legal Issues

  1. 1 Whether the applicant should be granted leave to serve the application and statement of claim on the first respondent in Sweden under Order 8 r 2(2) of the Federal Court Rules
  2. 2 Whether the requirements of Order 8 r 1 are satisfied for service out of jurisdiction
  3. 3 Which law properly governs the insurance policy (Australian or Swedish law)

Ratio Decidendi

Leave should be granted for service out of jurisdiction because the requirements under Order 8 of the Federal Court Rules are satisfied: the Federal Court has jurisdiction based on federal claims properly pleaded, the Policy is sufficiently connected to Australia for Order 8 to apply, and Australian law applies to the Policy due to s 8 of the Insurance Contracts Act overriding contrary clauses, so the applicant can sue in Australia despite an exclusive Swedish forum clause, especially as enforcing the clause would circumvent protective Australian statutory provisions.

Court Disposition

Leave to serve out of the jurisdiction granted. Interlocutory orders regarding pleadings and directions made.

Orders

  • The applicant has leave to serve the application and amended statement of claim on the first respondent in Sweden as per Order 8 r 2(2) of the Federal Court Rules.
  • Service to be effected by sealed copies in both English and Swedish with translation certificate.