Federal Court of Australia
JUDGMENT No.t hm
NOT SUITABLE FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.318 of 1987
GENERAL DIVISION
BETWEEN:
TRANS ATLANTIC FREIGHT PTY LIMITED
Applicant
OLYMPIC AIRWAYS S.A.
Respondent
EX-TEMPORE REASONS FOR JUDGMENT
BURCHETT J.
I am able to deliver judgment right away. In this application, a statement of claim was filed on 15 July alleging
breaches of s.52 of the Trade Practices Act 1974. The claim is
made by the applicant, a corporation conducting the business of a travel agent operated by Mr. Adamopoulos, to whom for convenience I shall refer as the applicant. It 1s made against the respondent Olympic Airways SA, to which I shall refer as Olympic,
and which is a corporation registered within Australia.
Mr. Milne of Queen's Counsel, for the applicant, opened
equally, and that was false.
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2.
The question arises in the context of the travel agent's activities selling airline tickets in respect of travel between Australian airports and Athens. Olympic, after some years during which it did not fly to Australia, recommenced doing so in December 1984. About that time, there was a meeting of travel agents addressed by executives of Olympic at which, there is evidence, the assertion relied on was made. Thereafter, the applicant sold a number of Olympic tickets as an IATA agent. He received 9 per cent commission, according to the IATA scale. But Olympic at that time was paying, or agreeing to pay, further commissions to its agents - referred to as overriding commissions
- according to a sliding scale depending on annual ticket sales.
The effect was that an agent who sold more tickets would receive a higher commission. That additional commission would be paid only after the flight, and only if the passenger did not transfer to another airline. In the industry, it was called an overriding commission on flown revenue. The applicant says the effect was that agents (referred to as consolidators), selling large numbers of tickets by engaging sub-agents to sell on their behalf, were able to obtain much higher commissions, and
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