ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY LIMITED t/a ANSETT AIR FREIGHT v MITSUI COMPUTER LIMITED [1998] NSWCA 16

ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY LIMITED t/a ANSETT AIR FREIGHT v MITSUI COMPUTER LIMITED [1998] NSWCA 16

The judge's decision was essentially a factual determination based on an unusual set of circumstances; there was no misuse of legal principles and thus no basis for leave to appeal.

Parties
Claimant/defendant: ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY LIMITED t/a ANSETT AIR FREIGHT; Plaintiff/opponent: MITSUI COMPUTER LIMITED
Jurisdiction
Australia
Judgment Date
10 August 1998
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Final Judgment of District Court
Legal Topics
Right of Appeal, Leave to Appeal, District Court Jurisdiction, Contract Formation, Ticket Cases
Civil Procedure Right of Appeal Leave to Appeal District Court Jurisdiction Contract Formation Ticket Cases

Case Brief

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Parties

ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY LIMITED t/a ANSETT AIR FREIGHT

Claimant/defendant

MITSUI COMPUTER LIMITED

Plaintiff/opponent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Final Judgment of District Court

Legal Issues

  1. 1 Whether leave to appeal should be granted under section 127 of the District Court Act given the amount of the judgment.
  2. 2 Whether the trial judge erred in finding which contract governed the carriage of goods.

Ratio Decidendi

The judge's decision was essentially a factual determination based on an unusual set of circumstances; there was no misuse of legal principles and thus no basis for leave to appeal.