Patel v Malaysian Airlines Australia Ltd (No 2) [2011] NSWDC 4

District Court New South Wales

Medium Neutral Citation: Patel v Malaysian Airlines Australia Ltd (No 2) [2011] NSWDC 4 Hearing dates: 8, 9, 10 & 14 December 2010, 3 February 2011 Decision date: 14 February 2011 Before: Levy SC DCJ Decision: 1. In lieu of the orders made by the Consumer, Trader and Tenancy Tribunal on 5 June 2009, which were in part set aside on 26 March 2010, verdict and judgment for the plaintiff in the sum of $14,931.69 including interest; 2. Save for the cost order made on 11 June 2010, the second defendant, Malaysian Airlines Australia Limited, is to pay the plaintiff's costs, as agreed or assessed, on the ordinary basis, unless otherwise ordered; 3. The exhibits may be returned; 4. After the entry of final judgment and orders, the proceedings are remitted to the Consumer, Trader and Tenancy Tribunal for the notation and entry of final orders in the records of that Tribunal, pursuant to s 67(3)(a) of the Consumer, Trader and Tenancy Tribunal Act 2001; 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 - appeal from orders of Consumer, Trader and Tenancy Tribunal where orders were in part set aside at an earlier hearing of a separate issue in respect of a matter of law

JURISDICTION - rehearing in District Court - substitution of orders that ought to have been made by the Tribunal - s 67(3)(a) of the Consumer, Trader and Tenancy Act 2001 - whether federal jurisdiction engaged - availability of remedies provided by Trade Practices Act 1974