Patel v CTTT & Malaysian Airllines Australia [2010] NSWDC 38

New South Wales District Court

CITATION: Patel v CTTT & Malaysian Airllines Australia [2010] NSWDC 38

HEARING DATE(S): 12 February, 12 and 15 March 2010

JUDGMENT DATE: 26 March 2010

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. Mr Patel's appeal is allowed; 2. The decision of Consumer, Trader and Tenancy Tribunal by Tribunal Member PM Briggs dated 5 June 2009 is set aside, save for the finding that the amount of luggage Malaysian Airlines declined to check in and load and which was therefore discarded at Mumbai airport on 27 January 2009 was 20kgs; DECISION: 3. I appoint a directions hearing before me at 9.30 am on Thursday 1 April 2010 for making orders and directions concerning the resumption of the hearing to deal with the question of damages; 4. Malaysian Airlines are to pay Mr Patel's agreed or assessed costs concerning the determination of the split issues; 5. Malaysian Airlines is to have a certificate under the Suitor's Fund Act 1954, if entitled; 6. Liberty to apply on 7 days notice, if further orders are required.

CATCHWORDS: ADMINISTRATIVE LAW – judicial review – limited statutory right of appeal to District Court from CTTT – s 67(1) of Consumer, Trader and Tenancy Tribunal Act 2001 – disinclination by CTTT to adjourn the proceedings – whether an adjournment was warranted – whether declining an adjournment was procedurally unfair so as to amount to a question with respect to a matter of law – claims by appellant concerning alleged unfairness and apprehended bias – duty of Tribunal to assist litigant in person and to ensure that all relevant material is disclosed to Tribunal – circumstances where hearing by Court is justified rather than remittal to CTTT – s 56 of the Civil Procedure Act 2005 – s 67(3)(a) of the Consumer, Trader and Tenancy Tribunal Act 2001