Lawyers representing travel agents outlined their case against Air New Zealand this morning as the fuel surcharge class action against the airline opened at the Federal Court in Sydney.
Alan Sullivan QC began by telling the court it was not proceeding with a Trade Practices Act claim against the carrier after acknowledging that Air NZ “ceased misleading conduct in 2009” when it announced fuel surcharges were to become commissionable.
But it is pushing ahead with the breach of contract claim and will “seek declarations and enquiries as to any damages”, Sullivan told the court.
Detailing the processes and workings of the Passenger Sales Agency Agreement and the International Air Transport Association (IATA), Sullivan referred to the previous fuel class action case against Qantas which ruled in favour of travel agents.
The Air NZ case is no different, he said.
Sullivan, regularly quoting from the Qantas ruling by Justice Moore, argued that separating out the fuel surcharge and including it as a tax under the YQ code should not have taken place.
The case continues.