Dalton v Qantas Airways Ltd; Dalton v Morrison [2020] NSWCATCD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dalton v Qantas Airways Ltd; Dalton v Morrison [2020] NSWCATCD 2 Hearing dates: 10 July 2020 Date of orders: 17 July 2020 Decision date: 17 July 2020 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Deputy President Decision: 1. By consent, the name of the respondents in application GEN 20/16147 is amended as follows: a) the first respondent is Qantas Airways Ltd; b) the second respondent is Jetstar Airways Pty Ltd 2. By consent, pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 the name of the respondents' representative at the hearing on 10 July 2020 in application GEN 20/16147 is not to be disclosed to the applicant or any non-party, the representative to be known for the purpose of these proceedings as the "Jetstar Representative" and the Jetstar Representative is given leave to represent the respondents for the purpose of the hearing on 10 July 2020 only. 3. By consent, in application GEN 20/17371 leave is given to the respondent to be legally represented for the purpose of the hearing on 10 July 2020 only. 4. The Tribunal declines to deal with applications GEN 20/16147 and GEN 20/17371 as it has no jurisdiction to determine these proceedings. Catchwords: CONSTITUTIONAL LAW – federal matter – jurisdiction of the Tribunal to determine – Part 3A of the Civil and Administrative Tribunal Act, 2013 – "Federal proceedings" – administrative functions of Tribunal when dispute involves federal jurisdiction. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil Aviation (Carriers' Liability) Act 1959 (Cwth) Commonwealth Constitution Consumer Claims Act 1998 (NSW) (repealed) Fair Trading Act, 1987 (NSW) Judiciary Act, 1903 (Cwth) Residential Tenancies Act, 2010 (NSW) Cases Cited: Attorney General for New South Wales v Gatsby [2018] NSWCA 54 Burns v Corbett; Burns v Gaynor; Attorney General for New South Wales v Burns; Attorney General for New South Wales v Burns; New South Wales v Burns [2018] HCA 15 Di Liristi v Matautia Developments Pty Ltd [2020] NSWSC 862 Jenkinson v Chaw [2015] NSWCATAP 127 Murphy v Trustees of Catholic Aged Care Sydney [2018] NSWCATAP 275 Category: Principal judgment Parties: GEN 20/16147