Royal Caribbean Cruises Ltd and Another v Reed – Federal Ct (Stewart J) [2021] FCA 51 – 2 February 2021

Practice – Service out of jurisdiction – Anti-suit injunction – American cruise line passengers suffering personal injuries during 2019 eruption of volcano on Whakaari/White Island, New Zealand – Passengers on shore excursion from Royal Caribbean vessel – Passengers bringing proceedings in USA against cruise line – Cruise line applying for anti-suit injunction – Whether leave should be granted to serve proceedings out of jurisdiction

The respondents, Mr and Mrs Reed, suffered injuries while on a shore excursion to Whakaari (White Island) in New Zealand on 9 December 2019 when the volcano on the island erupted. The respondents were passengers on the cruise ship Ovation of the Seas operated by the second applicant, RCL Cruises Ltd (RCL). RCL was incorporated in the United Kingdom and registered as a foreign company in Australia with a registered office in New South Wales.