Cameron, L. v Qantas Airways Ltd

[1994] FCA 1087

l087 4 4

JUDGMENT No. .,.... ,..,,,,,,,,,/ , ,

IN THE FEDERAL COURT OF AUSTRALIA	)
\
NEW SOUTH WALES DISTRICT REGISTRY	) No. G205 of 1993
)
GENERAL DIVISION	1

BETWEEN:  LEONIE CAMERON
Applicant

AND Respondent OANTAS AIRWAYS L I M I ~

RECEIVED

CORAM:  Beaumont J.

2 6 APR 1995

DATE:  18 April 1994 FEDERAL COURT OF

AUSTRALIA PRINCIPAL REoISTRY

REASONS FOR JUDGMENT (No. 3) 4 c3

(Findinss of material primarv facts with respect to the W

dealinss between Mr. Millane and the respondent)

Francis William Millane, a Theatrical Production Manager worklng almost exclusively on organising concerts internationally for Luciano Pavarotti, was called. In his case, I make the following findings:

In October 1993, Mr Millane, wh$crauels frequently with the respondent, telephoned a travel agent (Julianne Tattersall of Travel Connection Rockdale) , to make arrangements to travel to Los Angeles. At that time, he asked the travel agent if he could have a non-smokmg, business class seat in the bubble. Mr Millane was wait-listed on a flight with the respondent. On 29 October 1993 he was advised that his reservation was confirmed.

On 1 November 1993, Mr Millane checked-in at Sydney airport. The attendant informed Mr Millane that he had been	allocated a smoking seat in buslness class (seat 23A). He
replied that he had a chest complaint and that his doctor had told hlm to stay away from smokers. The attendant then called a supervisor. The supervisor told Mr Millane that "they would do what they could to see if they could find a non smoking seat".
On departing the Qantas frequent flyer lounge Mr Millane checked-in at the service desk and the attendant informed him that his seat had not been changed and that there was nothing they could do.
Once on board the aircraft, Mr Millane asked the head steward if there was anything he could do about the seat allocation (seat 24B). He stated that there was nothing he could do about it, but, after about half an hour, returned to and told Mr Millane that he could change seats with a passenger in first class who wanted to smoke. Mr Millane then changed seats for the duratlon of the flight. Mr Millane suffered no ill-effects or discomfort.
Mr Millane was originally booked on a flight from Singapore to Sydney on 21 November 1993. Mr Millane changed his flight in Zurich. On 20 November 1993, Mr Millane was wait-listed on two direct flights for his return to Sydney from Singapore. At Singapore airport Mr Millane spoke to the attendant at the business class check-in counter. The attendant informed him that he could guarantee an economy seat in non-smoking on a flight to Sydney but, via Jakarta. Mr
~illane did not immediately accept the offer, but requested the checking in staff to continue to look for an non-smoking seat on a direct flight to Sydney even if an economy seat only was available.
After waiting in the lounge to be informed of his flight detalls, Mr Millane spoke to staff in the lounge area, who told him that he was on the 8 o'clock direct flight to Sydney.
When Mr Millane boarded the fllght, and he realised that he had been allocated a seat in the smoking area (seat
24B). At that time, he told the flight attendant:

"I can't sit in a smoking seat. Can you do something to

change it?"

The attendant replied that there was nothing he could do and he would send a supervisor up. The supervisor informed Mr Millane that there were only smoking seats left in the plane. The passenger in seat 24A was smoking.

Mr Millane said that as a result of the smoke:

11[1] start[ed] coughing and then . . . vomiting and I was not able to eat the meal. The flight was very uncomfortable because of all the smoke."

The passenger in seat 24A, realising that hls smoking was having an impact on Mr Mi.llane, cut down his smoking; and "after that things improved".

On 1 December 1993, Mr Millane wrote a letter of

complaint to the respondent.

On 2 June 1994, Mr Millane made travel arrangements through his travel agent, Julianne Tattersall, to travel to London, booking a business class tlcket. At that time he requested "a non-smoking seat in the bubble". The travel agent later confirmed this reservation.

At the check-in counter at Sydney airport Mr Millane was informed by check-ln staff that his seat was "as requested, in the bubblen.

Once on board the aircraft, or perhaps in the
departure lounge, he found that his seat was on the main deck.

Mr Millane had several conversations with the flight staff who

allocated seat. During the flight, the flight service	informed him that the seat next to the smoking section was his
director told Mr Millane that he would make a report of the incident.

Mr Millane suffered no discomfort on the Sydney to

Singapore leg of his flight.

Upon arrival in Singapore, Mr Millane attended the service desk in the lounge and made inquiries about changing his seat allocation. He was told that a seat was available in the bubble.

On 22 June 1994 Mrs Millane wrote a letter of complaint to Mr Millane's travel agent, Julianne Tattersall, on behalf of Mr Millane.

I certify that this and the preceding

four (4) pages are a true copy of the Reasons for Judgment herein of his Honour Justice Beaumont.

Associate H&

Date:  18 April 1995