Page v Sydney Seaplanes Pty Ltd t/as Sydney Seaplanes [2020] NSWSC 1502

Supreme Court New South Wales

Medium Neutral Citation: Page v Sydney Seaplanes Pty Ltd t/as Sydney Seaplanes [2020] NSWSC 1502 Hearing dates: 8 September 2020, 26 October 2020 Decision date: 28 October 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) The Federal Court proceeding NSD2138/2019 be treated as a proceeding in the Supreme Court pursuant to s 11(2) of the Federal Courts (State Jurisdiction) Act 1999 (NSW); (2) The Federal Court proceeding NSD2138/2019 be recorded by the Supreme Court as a proceeding in the Supreme Court; (3) Declare that the Federal Court proceeding NSD2138/2019 is deemed to have been brought in the Supreme Court on 23 December 2019, being the date on which the proceeding was first recorded as a proceeding in the Federal Court. (4) Order the defendant to pay the plaintiff's costs of the proceedings commenced by summons on 11 May 2020. Catchwords: CIVIL PROCEDURE — Jurisdiction — Proceedings commenced in Federal Court dismissed for want of jurisdiction — Where plaintiff seeks order that proceedings be treated as brought in Supreme Court — Whether a finally determined proceeding may be treated as a proceeding in Supreme Court — Federal Courts (State Jurisdiction) Act 1999 (NSW) s 11 LIMITATION OF ACTIONS — Operation of bar — Distinction between statutory bar and extinguishment of cause of action — Whether Civil Aviation (Carriers' Liability) Act 1959 (Cth) s 34 is a limitation law for purposes of Federal Courts (State Jurisdiction) Act 1999 (NSW) — Whether plaintiff's cause of action has extinguished STATUTORY INTERPRETATION — Inconsistency of laws — Federal Courts (State Jurisdiction) Act 1999 (NSW) s 11 — Civil Aviation (Carriers' Liability) Act 1959 (Cth) s 34 — Whether inconsistency between laws — Legislative purpose — Adoption of international treaty — Remedial legislation Legislation Cited: Civil Aviation (Carriers' Liability) Act 1959 (Cth), ss 27, 28, 31, 34, 35, sch 2 Civil Aviation (Carriers' Liability) Act 1967 (NSW), ss 2, 4, 5, 6A Civil Aviation (Carriers' Liability) Amendment Act 1996 (NSW) Commonwealth Constitution, ss 51, 75, 76, 109 Corporations (South Australia) Act 1990 (SA) Federal Court Act 1976 (Cth) Federal Courts (State Jurisdiction) Act 1999 (NSW), ss 3, 4, 6, 7, 11 Interpretation Act 1987 (NSW), s 33 Judiciary Act 1903 (Cth), s 78B Limitation Act 1969 (NSW) Limitation of Actions Act 1936 (SA), s 48 Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Agtrack (NT) Pty Ltd v Hatfield (2005) 223 CLR 251; [2005] HCA 38 Air Link Pty Ltd v Paterson (2005) 223 CLR 283; [2005] HCA 39 Airlines of NSW Pty Ltd v New South Wales (No 2) (1965) 113 CLR 54; [1965] HCA 3 Blacker v National Australia Bank Ltd [2000] NSWSC 805 Commonwealth v Tasmania (1983) 158 CLR 1; [1983] HCA 21 Damberg v Damberg [1999] NSWSC 1208 ISPT Nominees Pty Ltd v Chief Commissioner of State Revenue (2003) 59 NSWLR 196; [2003] NSWSC 697 Page v Sydney Seaplanes Pty Ltd [2020] FCA 537 Parkes Shire Council v South West Helicopters Pty Ltd (2019) 266 CLR 212; [2019] HCA 14 Proctor v Jetway Aviation Pty Ltd [1982] 2 NSWLR 264 Proctor v Jetway Aviation Pty Ltd [1984] 1 NSWLR 166 Re Wakim; Ex parte McNally (1999) 198 CLR 511; [1999] HCA 27 Residual Assco Group Ltd v Spalvins (2000) 202 CLR 629; [2000] HCA 33 South West Helicopters Pty Ltd v Stephenson (2017) 98 NSWLR 1; [2017] NSWCA 312 Timeny v British Airways plc (1991) 56 SASR 287 Yager v The Queen (1977) 139 CLR 28; [1977] HCA 10 Texts Cited: International Convention for the Unification of Certain Rules relating to International Carriage by Air done at Warsaw on 12 October 1929 (Warsaw Convention), Art 29 New South Wales Legislative Council, Parliamentary Debates (Hansard), 1 July 1999 Protocol to amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 done at The Hague on 28 September 1955 (Hague Protocol) Category: Principal judgment Parties: Alexander Mathew Brodie Page (Plaintiff) Sydney Seaplanes Pty Ltd t/as Sydney Seaplanes (ABN 95 112 379 629) (Defendant) Representation: Counsel: D M Roberts (Plaintiff) D A Lloyd SC (Defendant)