Australian shippers back on the hunt for air cargo 'cartel' compensation
Federal Court overturns rejection of claim against the world's major carriers
Australian shippers will again pursue compensation for alleged cartel pricing by some of the world’s biggest airlines, after a judge overturned a decision halting the claim.
The latest twist in the air cargo cartel saga came when the Full Court of the Federal Court of Australia overturned a decision that had ruled out a claim led by shipper Auskay International.
The claim is against Qantas, Lufthansa, Singapore Airlines, Singapore Airlines Cargo, Cathay Pacific, Air New Zealand, Air New Zealand (Australia), Japan Airlines International and British Airways (BA).
The action is on behalf of a group defined simply as persons who spent over A$20,000 (US$17,700) on international air freight during the period that cartel pricing on fuel surcharges was alleged to have taken place.
Brooke Dellavedova, Principal at Maurice Blackburn, the legal firm representing the shippers, said: “In broad terms, the Full Court was satisfied with the statement of claim and set aside the order striking it out.
“We were extremely pleased with this excellent result, which means the case can now move forward into areas of more substance. Next steps are likely to include defences and discovery of documents.
“The action is already brought on behalf of all group members, but it may be that, following the decision, more claimants come forward.”
Maurice Blackburn first commenced a representative proceeding on behalf of Auskay in 2007.
Dellavedova said the judge had twice struck out the claim, mostly recently in December 2009, on the basis that it failed to establish a market in Australia.
Fines of more than £1 billion (US$1.5bn) have already been handed out regarding the alleged cartel that operated between around 2000 and 2006, leading the media to label it as “the world’s biggest criminal conspiracy”.
Around 30 airlines are alleged to be involved with investigations continuing in Australia, New Zealand and South Korea.
The Times in the UK reported that 16 individuals are understood to have admitted price fixing and four have ended up in prison.
In the UK, the case has moved into the civil courts, with a London-based law firm launching an action against BA.
BA has, in turn, brought 32 other airlines into proceedings it faces in the High Court in London.
The latest twist in the air cargo cartel saga came when the Full Court of the Federal Court of Australia overturned a decision that had ruled out a claim led by shipper Auskay International.
The claim is against Qantas, Lufthansa, Singapore Airlines, Singapore Airlines Cargo, Cathay Pacific, Air New Zealand, Air New Zealand (Australia), Japan Airlines International and British Airways (BA).
The action is on behalf of a group defined simply as persons who spent over A$20,000 (US$17,700) on international air freight during the period that cartel pricing on fuel surcharges was alleged to have taken place.
Brooke Dellavedova, Principal at Maurice Blackburn, the legal firm representing the shippers, said: “In broad terms, the Full Court was satisfied with the statement of claim and set aside the order striking it out.
“We were extremely pleased with this excellent result, which means the case can now move forward into areas of more substance. Next steps are likely to include defences and discovery of documents.
“The action is already brought on behalf of all group members, but it may be that, following the decision, more claimants come forward.”
Maurice Blackburn first commenced a representative proceeding on behalf of Auskay in 2007.
Dellavedova said the judge had twice struck out the claim, mostly recently in December 2009, on the basis that it failed to establish a market in Australia.
Fines of more than £1 billion (US$1.5bn) have already been handed out regarding the alleged cartel that operated between around 2000 and 2006, leading the media to label it as “the world’s biggest criminal conspiracy”.
Around 30 airlines are alleged to be involved with investigations continuing in Australia, New Zealand and South Korea.
The Times in the UK reported that 16 individuals are understood to have admitted price fixing and four have ended up in prison.
In the UK, the case has moved into the civil courts, with a London-based law firm launching an action against BA.
BA has, in turn, brought 32 other airlines into proceedings it faces in the High Court in London.
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