Karpik v Carnival plcCitation:[2023] HCA 39Before:Gageler CJ, Gordon, Edelman, Gleeson, Jagot JJDate:06 Dec 2023Case Number:S25/2023Read more

Karpik v Carnival plcCitation:[2023] HCA 39Before:Gageler CJ, Gordon, Edelman, Gleeson, Jagot JJDate:06 Dec 2023Case Number:S25/2023Read more

Section 23 of the ACL applies to the contract because the company was carrying on business in Australia, and the class action waiver clause is an unfair term and void. The exclusive jurisdiction clause does not warrant a stay of proceedings as there are strong reasons not to enforce it.

Parties
Applicant: Unknown Applicant(s); Respondent: Unknown Respondent(s)
Jurisdiction
Australia
Judgment Date
06 December 2023
Procedural Posture
Civil / Judgment
Outcome
application allowed
Legal Topics
Exclusivity Clauses, Class Action Waiver, Extraterritorial Application, Unfair Contract Terms
Consumer Protection Private International Law Competition Law Exclusivity Clauses Class Action Waiver Extraterritorial Application Unfair Contract Terms

Case Brief

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Parties

Unknown Applicant(s)

Applicant

Unknown Respondent(s)

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether s 23 of the Australian Consumer Law applies extraterritorially to a contract made outside Australia
  2. 2 Whether a class action waiver clause is an unfair term under s 23 of the ACL
  3. 3 Whether the class action waiver clause is contrary to Pt IVA of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

Section 23 of the ACL applies to the contract because the company was carrying on business in Australia, and the class action waiver clause is an unfair term and void. The exclusive jurisdiction clause does not warrant a stay of proceedings as there are strong reasons not to enforce it.

Court Disposition

application allowed

Orders

  • The class action waiver clause is declared void as an unfair term under s 23 of the ACL.
  • The exclusive jurisdiction clause does not warrant a stay of proceedings.