Full Court Minute Books

Case S25/2023

Karpik v. Carnival PLC & Anor

Case No.

Case no S25/2023

Case Information

Lower Court Judgment

02/09/2022 Federal Court of Australia (Allsop CJ, Rares & Derrington JJ)

[2022] FCAFC 149


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)