Hirst v Carnival PLC trading as P & O Cruises Australia [2023] NSWCATCD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hirst v Carnival PLC trading as P & O Cruises Australia [2023] NSWCATCD 94 Hearing dates: 20 July 2023 Date of orders: 25 August 2023 [amended 22 September 2023] Decision date: 25 August 2023 Jurisdiction: Consumer and Commercial Division Before: B Koch, General Member Decision: The Tribunal declines to deal with application GEN 23/23993 as it has no jurisdiction to determine these proceedings. Catchwords: CONSUMER CLAIM – shipping contract – compensation CONSTITUTIONAL LAW – Federal jurisdiction – no power of the Tribunal to determine a federal matter Legislation Cited: Admiralty Act 1988 (Cth) Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Sale of Goods Act 1923 (NSW) Cases Cited: Birdon Pty Ltd v Houben Marine Pty Ltd (2011) 197 FCR 25 Burns v Corbett (2018) 265 CLR 304 Globelink International Pty Ltd v Lemesh [2020] NSWCATAP 193 Heilbrunn v Lightwood plc (2007) 164 FCR 1 Murphy v Trustees of Catholic Aged Care Sydney [2018] NSWCATAP 275 Owners of "Shin Kobe Maru" v Empire Shipping Co Inc (1994) 181 CLR 404 Royal Caribbean Cruises Ltd v Reed [2021] FCA 51 Saidden v Norwegian Cruise Line Holdings Pty Ltd [2021] NSWCATACD 10 Texts Cited: Nil Category: Principal judgment Parties: Brent Hirst (Applicant) Carnival PLC trading as P & O Cruises Australia (Respondent) Representation: Applicant in person No appearance for Respondent File Number(s): GEN 23/23993 Publication restriction: Nil