ROYAL CARIBBEAN CRUISES LTD v BROWITT

[2022] Lloyd's Rep. Plus 31

FEDERAL COURT OF AUSTRALIA

Before Justice Stewart

Procedure – Anti-suit injunction – Proceedings against the first applicant in Florida – Whether in breach of exclusive jurisdiction clause – Whether first applicant a party to or having rights under exclusive jurisdiction clause – Whether second applicant entitled to enforce exclusive jurisdiction clause with respect to proceedings against first applicant – Whether Florida proceedings vexatious and oppressive – Contracts – Whether carrier’s standard terms and conditions incorporated into contract of carriage – Whether signature by customer of travel agent’s terms and conditions providing for bookings on the carrier’s terms and conditions sufficient to incorporate the latter – Whether reasonable notice of carrier’s standard terms and conditions given to the customer – Agency – Whether travel agent an agent for the customer in making the booking – Whether notice of carrier’s standard terms and conditions to travel agent constituting notice to customer – Whether dual agency.