Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gibson v Malaysian Airline System Berhad [2016] FCA 1476 File number: NSD 1067 of 2016
Judge: PERRAM J
Date of judgment: 9 December 2016
Catchwords: PRACTICE AND PROCEDURE – representative proceedings – strike out application – whether pleading discloses reasonable cause of action – whether leave to replead AVIATION – compensation under Civil Aviation (Carriers' Liability) Act 1959 (Cth) – The 1999 Montreal Convention – Article 17–Death and Injury of Passengers–Damage to Baggage and Article 33–Jurisdiction
Legislation: Civil Aviation (Carriers' Liability) Act 1959 (Cth) ss 9B, 9D Federal Court of Australia Act 1976 (Cth) s 33C(1) Federal Court Rules 2011 (Cth) rr 8.21, 822, 16.53, 16.54
Cases cited: Australian Competition and Consumer Commission v Giraffe World Australia Pty Ltd (1998) 84 FCR 512 Australian Securities and Investments Commission v Australian Property Custodian Holdings (No 2) [2013] FCA 409 Brisbane Broncos Leagues Club v Alleasing Finance Australia Pty Ltd [2011] FCA 106 Rothmans of Pall Mall (Overseas) Ltd. and Others v Saudi Arabian Airlines Corporation [1981] Q.B. 368 United Airlines Inc v Sercel Australia Pty Ltd (2012) 260 FLR 37
Date of hearing: 11 November 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
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