Finnair Fiasco from 2016

Anna

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Yes but that is not a bilateral Finland-Australia agreement, that is a (still apparently draft) multilateral agreement.

I also note FWIW that the definition of 'judgment' in the Foreign Judgments Act 1991 (Cth) does not include 'costs order'. Under Australian law a judgment and a costs order are different things and you can't substitute the one term for the other. I have no idea about the position under Finnish law though.
 
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MEL_Traveller

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Yes but that is not a bilateral Finland-Australia agreement, that is a (still apparently draft) multilateral agreement.

I also note FWIW that the definition of 'judgment' in the Foreign Judgments Act 1991 (Cth) does not include 'costs order'. Under Australian law a judgment and a costs order are different things and you can't substitute the one term for the other. I have no idea about the position under Finnish law though.

Agree.

I know it may feel like throwing good money after bad, but I think some legal advice from an Australian lawyer would be a good idea for those faced by Finnair's claims that they can enforce the judgment here.
 

SandyS

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Agree.

I know it may feel like throwing good money after bad, but I think some legal advice from an Australian lawyer would be a good idea for those faced by Finnair's claims that they can enforce the judgment here.
Thank you for the comments, they are very helpful.
I have spoken to an Australian lawyer who pretty much said the same as TheFinnishLawyer.

He said that they technically can collect the money but would need to apply under Common Law.
In his opinion, it would be very costly and time consuming on their part and he personally wouldn't lose any sleep over it but there is a risk because yes, they are able to apply to collect the money.

The whole thing is unfair on so many levels.
 

MEL_Traveller

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Thank you for the comments, they are very helpful.
I have spoken to an Australian lawyer who pretty much said the same as TheFinnishLawyer.

He said that they technically can collect the money but would need to apply under Common Law.
In his opinion, it would be very costly and time consuming on their part and he personally wouldn't lose any sleep over it but there is a risk because yes, they are able to apply to collect the money.

The whole thing is unfair on so many levels.

It is very unfair :(

The other option was to go to one of the bigger bloggers like Onemileatatime, who would probably be quite interested in this story. No idea what the outcome might be... it might not change Finnair's resolve.

However, if you decide to go down the path of just ignoring it, you probably don't want to attract any undue attention. 'Going global' might just make Finnair pursue the case :(
 

SandyS

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Yes its a funny one.

This is such a unique circumstance with the company going bust.
It doesn't do Finnair any good for their PR but in the end, people don't really care. They see a cheap fare and book it, so I doubt Finnair care about the PR.

Finnair probably care far more that they have won their case and probably see themselves as champions for the airline industry and would love to see these firms that do no win/no fee claims go bust.

In some cases, a delay is an uncomfortable annoyance and if you get some compensation, great. I've been delayed for 4 hours on an interstate flight with Jetstar! I try to build in buffers should stuff happen.
This Finnair flight delay was far more than that for me. It was so stressful and costly.

I'm not interested in punishing an airline or getting upset about something that can't be helped and my heart goes out to all the travel industry staff affected by Covid but I do believe that airlines should be held accountable for avoidable, lengthy delays that are the result of greed.
 

SandyS

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No risk while visiting or even if staying longer. There is no system that will make ”bells and whistles” go off at the immigration. Owing money is not a crime.

To be honest all that the enforcement has is your name and address. You could be even another person having the same name. On top of that here enforcement can’t and won’t seize anything smaller than income or assets from bank account, cars, stocks or property. As long as your bank accounts are in Australia they can’t do anything.

Here the poor people are getting a monthly welfare allowance from state. The ”poorest” people that have huge debts but no assets at all arrive to pick up their monthly allowance with luxury cars that are registered abroad...

ps. just to play extra-safe I wouldn’t bring any large sums of cash or book a flight from Finnair anymore. This is just for the peace of mind more than any real threat. Card is accepted here everywhere and for all purchases no matter how small. Most of the locals don’t use cash anymore.
Just a thought -
all that the enforcement has is your name and address
My OneWorld Frequent Flyer details.
 

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