Royal Caribbean Cruises Ltd v Reed (No 2) – Federal Ct (Stewart J) [2021] FCA 114 – 18 February 2021

Practice – Substituted service – Australian court granting cruise line operator leave for service of anti-suit injunction proceedings on passengers in USA – Cruise line operator unable to effect personal service – Whether Australian court should make order for substituted service on passengers’ US lawyers

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 a cruise 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.