Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Leonie's Travel Pty Limited v International Air Transport Association [2009] FCA 280
REPRESENTATIVE PROCEEDINGS – claim brought on behalf of travel agents challenging the calculation of commission on airline tickets sold by agents – whether the agents were entitled to commission on fuel surcharge component of airlines tickets – construction of contractual documents – uniform construction of standard form agreements – whether the Court should follow the decision in Association of British Travel Agents Ltd and others v British Airways plc and others [2000] 2 All ER (Comm) 204 – whether the applicants are estopped from asserting a right to commission on the fuel surcharge component of airline tickets
TRADE PRACTICES – whether the respondent engaged in misleading and deceptive conduct by requiring agents to include the fuel surcharge within the "taxes, fees and charges" descriptor on airline tickets
Trade Practices Act 1974 (Cth), s 52
Association of British Travel Agents Ltd and others v British Airways plc and others [2000] 2 All ER (Comm) Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592 Campomar Sociedad, Limitada v Nike International Ltd (2000) 202 CLR 45 Cassidy v Saatchi & Saatchi Australia Pty Ltd (2004) 134 FCR 585 Ford Motor Company of Australia Ltd v Arrowcrest Group Pty Ltd [2002] FCA 1156 GEC Marconi Systems Pty Limited v BHP Information Technology Pty Limited (2003) 128 FCR 1 Great China Metal Industries Co Ltd v Relation International Shipping Berhad (1998) 196 CLR 161 International Air Transport Association v Ansett Australia Holdings Limited (subject to deed of company arrangement) (2008) 234 CLR 151 Pagnan SpA v Tradax Ocean Transportation SA[1987] 3 All ER 565 Pelly v Royal Exchange Assurance Co (1757) 97 Eng Rep 342 Queensland Independent Wholesalers Ltd v Coutts Townsville Pty Ltd [1989] 2 Qd R 40 Siemens Ltd v Schenker International (Australia) Pty Ltd (2004) 216 CLR 418
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