Gibson v Malaysian Airline System Berhad (No 3) [2017] FCA 1164

The term 'personal representative' in Order 1 means the representative of the estate of a passenger, not their lawyer. The order will not be varied; the Respondent must provide details of the personal representatives as previously ordered.

Source-derived case information.

Parties: Applicant: Cassandra Jane Gibson; Respondent: Malaysian Airline System Berhad
Jurisdiction: Australia
Judgment Date: 28 September 2017
Procedural Posture: Representative Proceeding / Interlocutory; Case Management Directions Regarding Opt Out Notices
Outcome: Matter stood over for further case management hearing; no variation to previous order regarding notice.
Legal Topics: Service of Opt Out Notice, Construction of 'personal Representative' in Court Order

Practice and Procedure Class Actions Service of Opt Out Notice Construction of 'personal Representative' in Court Order

Source-derived case record

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Parties

Cassandra Jane Gibson

Applicant

Malaysian Airline System Berhad

Respondent

Procedural Posture

Representative Proceeding / Interlocutory; Case Management Directions Regarding Opt Out Notices

Legal Issues

1 Whether 'personal representative' in the Court's Order refers only to executor/administrator or also to lawyers for families/estates
2 Whether the order should be varied to allow serving notice on lawyers instead

Ratio Decidendi

Court Disposition

Matter stood over for further case management hearing; no variation to previous order regarding notice.

Orders

The matter be stood over for a further case management hearing on 3 October 2017 at 9.30 am.

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