Air New Zealand Ltd v Disputes Tribunal - [2016] 2 NZLR 713

Judicial review — Appeals — Whether Disputes Tribunal had jurisdiction to hear claim — Whether absence of jurisdiction could be cured by Court’s discretion — Whether Montreal Convention and parallel statutory provisions were governing law — Whether damages payable under Convention could be extended — Whether failure to have regard to Convention and legislation was error of law — Whether relief determined by Tribunal enforceable — Montreal Convention, arts 19, 21, 22, 26, 27, 39 and 40.

Practice and procedure — Disputes Tribunal — Whether Tribunal had jurisdiction based on estoppel — Whether claim governed by Montreal Convention — Whether consideration given to Convention and New Zealand legislation — Whether error of law — Whether relief ordered by Tribunal should be set aside — Montreal Convention, arts 19, 21, 22, 26, 27, 39 and 40.

Aviation — Carriage by air — Whether loss resulting from delayed baggage covered by Montreal Convention — Whether damages limit could be extended as result of representations made by airline — Exclusivity principle — Montreal Convention, arts 19, 21, 22, 26, 27, 39 and 40.