Qantas Airways Ltd v Cameron, Leonie Cameron, Leonie v Qantas Airways Ltd [1996] FCA 765

CATCHWORDS PRACTICE AND PROCEDURE - costs - public interest litigation - application brought by representative party on behalf of group members under Part IVA of Federal Court of Australia Act 1976 - applicant successful at first instance but unsuccessful on appeal - purpose of proceeding partly of public interest nature and partly in private interests of ten group members - public interest in fact served to some extent by clarification of nature of duty owed by international airlines such as the respondent to their passengers in respect of environmental tobacco smoke in passengers' cabin on international flights. QANTAS AIRWAYS LIMITED (A.C.N. 009 661 901) v LEONIE CAMERON No. NG 521 of 1995 LEONIE CAMERON v QANTAS AIRWAYS LIMITED (A.C.N. 009 661 901) Matter No. NG 556 of 1995 CORAM: Davies, Lindgren and Lehane JJ PLACE: Sydney DATE: 30 August 1996

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) GENERAL DIVISION )Nos. NG 521 of 1995 NG 556 of 1995 ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA Matter No. NG 521 of 1995 BETWEEN: QANTAS AIRWAYS LIMITED (A.C.N. 009 661 901) Appellant AND: LEONIE CAMERON Respondent Matter No. NG 556 of 1995 BETWEEN: LEONIE CAMERON Appellant AND: QANTAS AIRWAYS LIMITED (A.C.N. 009 661 901) Respondent CORAM: Davies, Lindgren and Lehane JJ PLACE: Sydney DATE: 30 August 1996 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The appeal in proceeding No NG 521 of 1995 be allowed. 2. The appeal in proceeding No NG 556 of 1995 be dismissed. 3. The orders made by Beaumont J on 16 June 1995 and 10 July 1995 in proceeding No NG 205 of 1993 be set aside, and in lieu thereof the following orders be made: (a) that the respondent pay the applicant the sum of $200.00 on behalf the group member Francis William Millane in respect of the contravention of s 52 of the Trade Practices Act 1974 by the respondent; (b) that otherwise the application be dismissed; (c) that the applicant pay 75% of the respondent's costs of the application. 4. The respondent in proceeding No NG 521 of 1995 pay 75% of the appellant's costs. 5. The costs of the respondent's motion in proceeding No NG 521 of 1995 brought by notice of motion filed on 24 June 1996 be part of the respective parties' costs of that proceeding. 6. The appellant in proceeding No NG 556 of 195 pay 75% of the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.