Oceania

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Australia: hotel occupier liable for fall at raised timber platform in the lobby

Submitted by Michael Wukoschitz on 21 June, 2017 - 08:06

Shortly before midday on 19 June 2009 the plaintiff tripped over the corner of a raised timber platform in the lobby area of the Manly Pacific Hotel. As a result he suffered injuries to his neck, right shoulder and back. That relatively dark timber platform was a permanent structure in the hotel lobby and was positioned to the right side of the walkway to the main bar area, the entrance to which was on the left hand side of the foyer area. It was rectangular in shape – 1770 mm wide, 2625 mm long and 151 mm in height.

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Australia: New South Wales Supreme Court decides on jurisdiction in hotel liablility case

Submitted by Michael Wukoschitz on 23 May, 2015 - 13:33

The plaintiff  was injured during a family holiday in Bangkok in June 2013. She was a guest at the Mandarin Oriental Hotel, and was participating in a Thai cookery class conducted by the Hotel when the floorboards on which she was standing gave way, causing her to injure her shoulder.

The defendant (hotel owner) sought an order to stay the proceedings on the ground that

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Australia: Supreme Cout of Queensland decides in 'cramped' air passenger case

Submitted by Michael Wukoschitz on 12 December, 2013 - 09:32

The plaintiff, a general medical practitioner, claimed damages for personal injuries allegedly sustained whilst travelling on an international flight between Australia and the United States of America on 9 December 2008. He alledged that his seat did not fully recline and that the passengers seated in the row immediately in front of him kept their seats reclined the entire flight. In the leg room space that would otherwise have been fully available to the plaintiff below the seat immediately in front of him, there was positioned an audio-visual box occupying part of that space.

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Australia to abolish travel agents licensing

Submitted by Michael Wukoschitz on 22 November, 2013 - 13:39

Travel Agents Repeal Bills were introduced into parliament on 13 November 2013 (Victoria) and on

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Australia: hotel not liable for security guard

Submitted by Michael Wukoschitz on 3 October, 2013 - 14:07

The appellant was a patron at the respondent Hotel on the night of 4 July 2008. The manager on duty that night formed the view the appellant was intoxicated, and after speaking with the Hotel's licensee, instructed a security guard to remove her from the premises. He did so by pulling the stool on which the appellant was seated out from underneath her. The appellant fell to the floor and was injured. The security guard was employed by a company called "Checkmate".

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Australia: Indonesian national airline not immune from legal action by the Australian Competition and Consumer Commission

Submitted by Michael Wukoschitz on 21 September, 2012 - 08:45

The Australian High court has ruled on 7 September 2012 that Indonesian national airline Garuda isn't immune from legal action by the Australian Competition and Consumer Commission (ACCC). Since 2008, the ACCC has been pursuing a number of airlines, including Garuda in relation to alleged price fixing and anti-competitive conduct relating to surcharges applied to the carriage of air freight. Garuda contended that they were immune from the ACCC proceedings under the Foreign States Immunities Act 1985 (FSI Act).

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Australia: Quantas succeeds against registration of "Flying Kangaroo" wines

Submitted by Michael Wukoschitz on 21 December, 2011 - 18:52

Qantas has successfully opposed an application for registration of the words "Flying Kangaroo" for wines. Though not having used an according trademark, Qantas had filed evidence of its history of using a flying kangaroo logo and the words “Flying Kangaroo” as well as evidence of its strong association with the wine industry.

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Australia: High Court decides on scope of a disclaimer

Submitted by Michael Wukoschitz on 21 June, 2011 - 16:01

In October 2005, the Plaintiff and her husband went on a tour through Europe which the Plaintiff had booked with the Defendant. While travelling by coach from Prague to Budapest, the Plaintiff got out of her seat to get something from a bag she had stowed in the overhead luggage shelf. The coach braked suddenly; the Plaintiff fell backwards and suffered injury.

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Australia: Queensland Supreme Court decides in air terminal accident case

Submitted by Michael Wukoschitz on 27 September, 2010 - 16:00

Plaintiff, during the process of embarkation for a Jetstar flight from Brisbane to Adelaide, was directed to descend a flight of stairs within the terminal to access the tarmac for boarding. Having descended the stairs, he was unable to find an open door giving access to the tarmac and therefore began to ascend the stairs to ask Jetstar’s staff which way he should go. At the same time, a number of other passengers were descending the stairs and offered to show palintiff the way. Plaintiff turned, lost his footing and fell to the foot of the stairs, injuring himself.

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Australia: agents win final fuel case battle against Qantas

Submitted by Dorottya Gyenizse on 8 September, 2010 - 15:46

The High Court of Australia has dismissed an application by Qantas to challenge a Federal Court ruling in May that it owes commissions to travel agents because of failing to include fuel surcharges when calculating the commission paid to agents on international ticket sales.

As a result of the High Court decision the case now goes back to the primary judge in the Federal Court, Justice Moore, to determine the amount of commission payable to travel agents.

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