My brother-in-law sued Emirates

Anna

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And if it does get briefed out to a large solicitors' firm for advice, it will probably be assigned to a very junior solicitor who only has half an idea what they're doing and poorly drafts the submissions for the client to present at the hearing. But yes, quite risky if there's an appeal and contrary to your expectations you're suddenly not in Kansas any more.
 

TripleB

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The jurisdiction caps mean that an appeal is only going to be worthwhile if there is an especially wonky decision on something of fundamental importance with general applicability.

Most of the time these type of cases turn on their own facts and the corporation on the receiving end just clocks a wonky decision up as a cost of doing business.
 

cambriamarsh

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The jurisdiction caps mean that an appeal is only going to be worthwhile if there is an especially wonky decision on something of fundamental importance with general applicability.

Most of the time these type of cases turn on their own facts and the corporation on the receiving end just clocks a wonky decision up as a cost of doing business.
I'm thinking of having a go at a car manufacturer. The amounts are broadly similar to the amounts discussed.
Was Small Claims not available?
 

Danger

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My brother-in-law was successful in having Emirates's application for costs dismissed.

Emirates filed its application, never served my BIL with the application and never furnished the court with an affidavit of service (presumably because it was never served). Emirates's lawyers then lodged written submission as to why costs should have been awarded five minutes before the court closed the day before the trial (effectively, six hours before the hearing). The submissions were weak at best and in parts my BIL believed they were misleading or even false. He was able to make written submissions and the magistrate ultimately found that the case was not wholly without merit and there exceptional circumstances did not exist, at least one element of which must be proven for costs to be awarded in a small claims matter in this jurisdiction.

My BIL is of the personal opinion that Emirates acted underhandedly throughout proceedings and the lawyers earned the profession's less than stellar reputation. I know the case well and I agree with him. We have the transcripts of the hearings and will study them closely.
 
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cambriamarsh

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My brother-in-law was successful in having Emirates's application for costs dismissed.

Emirates filed its application, never served my BIL with the application and never furnished the court with an affidavit of service (presumably because it was never served). Emirates's lawyers then lodged written submission as to why costs should have been awarded five minutes before the court closed the day before the trial (effectively, six hours before the hearing). The submissions were weak at best and in parts my BIL believed they were misleading or even false. He was able to make written submissions and the magistrate ultimately found that the case was not wholly without merit and there exceptional circumstances did not exist, at least one element of which must be proven for costs to be awarded in a small claims matter in this jurisdiction.

My BIL is of the personal opinion that Emirates acted underhandedly throughout proceedings and the lawyers earned the profession's less than stellar reputation. I know the case well and I agree with him. We have the transcripts of the hearings and will study them closely.
Good to hear this outcome, bullying behaviour should not be rewarded. Do you know who the firm was that was acting for Emirates? It would be useful to know so we can avoid using them.
 

Danger

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Good to hear this outcome, bullying behaviour should not be rewarded. Do you know who the firm was that was acting for Emirates? It would be useful to know so we can avoid using them.

Norton White.

Your BIL can make a complaint about the activities of the firm to the Law Society or Institute in the State where the firm is located. In NSW the Office of the Legal Services Commissioner will investigate. Most States have an equivalent.


Very interesting. That might be worth some time.
 

TripleB

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Norton White pick up a lot of the airline personal injury work and low level consumer work.

As much as they bill themselves as specialist commercial lawyers (i.e. up the legal food chain) - they are really just upmarket personal injury lawyers who tend to act for airlines (or rather the airlines' insurers).
 

Danger

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Norton White pick up a lot of the airline personal injury work and low level consumer work.

As much as they bill themselves as specialist commercial lawyers (i.e. up the legal food chain) - they are really just upmarket personal injury lawyers who tend to act for airlines (or rather the airlines' insurers).

That would explain some of what my BIL experienced.

In one of his submissions, my BIL noted that Norton White advertises itself as “a leader in the practice of transport law” and its lawyers as “technically talented” yet frustrated the judicial process on multiple occasions creating a judicially unfair playing field.

My BIL is of the opinion/knows to be fact that Norton White:
  • Had paperwork rejected by the court on four separate occasions.
  • Submitted all of its affidavits (four) not in accordance with the Western Australian Oaths, Affidavits and Statutory Declarations Act (2005).
  • Submitted three of those affidavits not in accordance with New South Wales legislation.
  • Submitted its statement of intended evidence of a witness three days late.
  • Submitted its application for costs one day late.
  • Failed to serve my BIL with a sealed copy of its application for costs and supporting affidavit, contrary to a court letter and court's rules.
 

TripleB

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Danger - none of those things are hanging offenses.

It sounds very much like the actions of a busy 2 or 3 year defendant personal injury lawyer based in Sydney who doesn't do much (any?) work in
WA and isn't familiar with the WA magistrates' court rules.

Every junior lawyer has suffered the shame associated with having a document rejected by the registry because it didn't comply with the rules. These days the shame comes in the form of an email from the online system rather than the walk of shame out of the registry back to your office to make the changes and the inevitable question from the partner 'why didn't the documents get filed' (Answer: because I didn't read the rules closely enough).

I'll bet that the costs application came about because the client was grumpy with the proceedings and wanted to give your BIL a kick. The lawyer would have known that it was a bit of a long shot and that they weren't going to be able to charge the client much money for an unsuccessful costs application so gave it next to no attention.
 

Melburnian1

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Good to hear this outcome, bullying behaviour should not be rewarded. Do you know who the firm was that was acting for Emirates? It would be useful to know so we can avoid using them.

While EK will not be alone among airlines in this modus operandi, some might say that avoiding using it (not just the solicitors) means it doesn't get rewarded.

Covid-19 is a 'friend' in the sense that it's costing this bully a lot of money.
 

Vic

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I've read the thread with interest.
I would've have said the 1975 thing was about determining when a contract is formed FOR the purpose of charging [tax], based on just reading in thread. I wasn't clear that was relevant to relationship between the airline and the passenger, even if relevant for the relationship between the airline and the office for state revenue/tax office.
Anyway, turns out that was resolved.

I also could never get clear in my mind if the brother in law wanted to go to dubai, or just singapore... but again resolved.
(There are lots of new cars for $40,000. But that doesn't mean the Rolls Royce for $40,000 is not a mistake!)
This doesn't stand out as a very good analogy.
Is it a new rolls royce or used? Most people should realise there is a big difference between new and used prices for cars. Also, while I have doubts sometimes, I'm pretty confident that most normal people can tell the difference between a toyota corolla (new) and a rolls royce.
 

MEL_Traveller

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This doesn't stand out as a very good analogy.
Is it a new rolls royce or used? Most people should realise there is a big difference between new and used prices for cars. Also, while I have doubts sometimes, I'm pretty confident that most normal people can tell the difference between a toyota corolla (new) and a rolls royce.

I agree.

A common argument is that people point to other airfares, on other airlines, on other routes, to somehow prove that the current fare can't be an error.

It's the same as saying just because you can buy other new cars for $40,000, the (new) rolls royce advertised for $40,000 can't be a mistake. (or in an airfare context, just because Saudia has a first class fare for $1000, that doesn't prove the Swiss first class fare for $1000 isn't an error.)
 

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