Lower Court Judgment
02/09/2022 Federal Court of Australia (Allsop CJ, Rares & Derrington JJ)
Catchwords
Contract – Construction – Class action waiver clause – Exclusive jurisdiction clause – Where representative proceedings brought under Pt IVA of Federal Court of Australia Act 1976 (Cth) ("FCA Act") against owner of cruise ship, Ruby Princess – Where class consisted of parties to either Australian terms and conditions, US terms and conditions or UK terms and conditions – Where US terms and conditions contained class action waiver clause, exclusive jurisdiction clause, and choice of law clause – Where Federal Court asked to determine whether US terms and conditions incorporated into Mr Ho’s contract and whether claim should in effect be stayed – Proper approach to construction of clauses.
17/03/2023 Hearing (SLA, Canberra by video-connection)
30/03/2023 Notice of appeal
05/05/2023 Written submissions (Appellant)
05/05/2023 Chronology (Appellant)
19/05/2023 Written submissions (Attorney-General of the Commonwealth of Australia intervening and Australian Competition and Consumer Commission, seeking leave to intervene)
02/06/2023 Written submissions (Respondents)
23/06/2023 Reply
03/08/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
03/08/2023 Outline of oral argument (Appellant)
03/08/2023 Outline of oral argument (Respondents)
03/08/2023 Outline of oral argument (Attorney-General of the Commonwealth of Australia intervening and ACCC seeking leave to intervene)
04/08/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
18/08/2023 Supplementary written submissions (Respondents)
06/12/2023 Judgment (Judgment summary)