Saidden v Norwegian Cruise Line Holdings Pty Ltd [2021] NSWCATCD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saidden v Norwegian Cruise Line Holdings Pty Ltd [2021] NSWCATCD 10 Hearing dates: 4 March 2021 Date of orders: 07 May 2021 Decision date: 07 May 2021 Jurisdiction: Consumer and Commercial Division Before: J Searson, General Member Decision: The Tribunal declines to deal with the application as it has no jurisdiction to determine these proceedings. Catchwords: CONSUMER CLAIM – shipping contract; compensation JURISDICTION – federal matter, maritime claim. Legislation Cited: Admiralty Act 1988 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Globelink International Pty Ltd v Lemesh [2020] NSWCATAP 193 Wilson v Chan & Naylor Parramatta Pty Ltd [2020] NSWCA 213 Dalton v Qantas Airways Ltd; Dalton v Morrison [2020] NSWCATCD 2 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; Gatsby Murphy v Trustees of Catholic Aged Care Sydney [2018] NSWCATAP 275 Category: Principal judgment Parties: Moneir Saidden – Applicant Norwegian Cruise Line Holdings Pty Ltd - Respondent Representation: Applicant in person

Ms Worthy and Ms Inwood for the Respondent File Number(s): GEN 20/41447 Publication restriction: Unrestricted

REASONS FOR DECISION 1. In this matter the applicant is seeking an order that the respondent pay him an amount of $11636.39 compensation. This amount is made up of a refund of his cruise fee of $3086.93, return airline ticket of $1488.20, amount paid to change his airline ticket $8849.59 total $13424.72 less $200 and $1588 which had previously been refunded by the respondent to the applicant. 2. The application was opposed by the respondent.