Survivors of a volcanic eruption that killed 22 cruise ship passengers off the coast of New Zealand have succeeded in having back-up legal action in Australia delayed until a Florida court case is decided. 9News
, including 14 Australians, off the coast of New Zealand have succeeded in having back-up legal action in Australia delayed until a Florida court case is decided.
The cruise operator is attempting to have proceedings thrown out of US court on the basis of a contract clause it claims limits dispute hearings to NSW. "It would be an affront to common sense and fairness if I were to force the applicants to undertake further pre-trial steps in this court in preparation for a trial which may never be needed," Justice Jackman said.
The judge said suing the company in Florida would be more beneficial to the claims as they are likely to recover significantly higher damages than in Australia.It would also offer greater rights to discovery, the power to depose witnesses and the right to a jury trial.
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