King v Jetstar Airways Pty Ltd

FEDERAL COURT OF AUSTRALIA

King v Jetstar Airways Pty Ltd [2012] FCA 413

Citation:

King v Jetstar Airways Pty Ltd [2012] FCA 413

Appeal from:

King v Jetstar Airways Pty Ltd (No 2) [2012] FCA 8

Parties:

SHEILA KING v JETSTAR AIRWAYS PTY LTD

File number:

NSD 165 of 2012

Judge:

PERRAM J

Date of judgment:

24 April 2012

Catchwords:

PRACTICE AND PROCEDURE – Appeals – application for order under r 40.51 limiting appellant’s costs – relevant principles where application made in appeal proceedings

Legislation:

Disability Discrimination Act 1992 (Cth) s 24

Federal Court Rules 1979   O 62A
Federal Court Rules 2011 r 40.51
Uniform Civil Procedure Rules (NSW) r 42.4

Cases cited:

Corcoran v Virgin Blue Airlines Pty Ltd [2008] FCA 864
Delta Electricity v Blue Mountains Conservation Society Inc (2010) 176 LGERA 424; [2010] NSWCA 263
Farrell v Royal King’s Park Tennis Club (Inc) [2007] WASCA 173
King v Jetstar Airways Pty Ltd (No 2) [2012] FCA 8
Lukas v Yorke (1983) 50 ALR 228

Date of hearing:

4 April 2012

Place:

Sydney

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

21

Counsel for the Applicant:

Mr A Ahmad

Solicitor for the Applicant:

DLA Piper

Counsel for the Respondent:

Ms K Eastman

Solicitor for the Respondent:

Minter Elison

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 165 of 2012

BETWEEN:	SHEILA KING Applicant
AND:	JETSTAR AIRWAYS PTY LTD Respondent

JUDGE:	PERRAM J
DATE OF ORDER:	24 APRIL 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to r 40.51 of the Federal Court Rules 2011, the parties’ recoverable costs in this matter be capped at $10,000.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 165 of 2012

BETWEEN:	SHEILA KING Applicant
AND:	JETSTAR AIRWAYS PTY LTD Respondent

JUDGE:	PERRAM J
DATE:	24 APRIL 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The applicant is a 78 year-old woman who relies on a wheelchair for mobility.  She attempted to secure a booking on one of the respondent’s scheduled services from Adelaide to Brisbane on 23 September 2008.  The flight was known as JQ769.  She was told that she could not take the flight as there were two other passengers requiring wheelchair assistance who had already booked on it so that the limit for such passengers had been reached.

2. In the trial proceedings before this Court, Mrs King sought to show that Jetstar had infringed s 24 of the Disability Discrimination Act 1992 (Cth) (‘the Act’) by unlawfully discriminating against her on the grounds of her disability. Jetstar, on the other hand, argued that it was entitled to the benefit of an exception to s 24 which arose if making the service available would impose ‘unjustifiable hardship’. Following a five day trial, Robertson J concluded that it was established that Mrs King had suffered the discrimination she alleged, but that Jetstar was…