Danias v Etihad Airways PJSC [2015] NSWCATCD 128

Danias v Etihad Airways PJSC [2015] NSWCATCD 128

The respondent engaged in unconscionable conduct by denying the applicant the use of loyalty points to book a flight without reasonable explanation, despite the applicant's compliance with information requests and loyalty to the respondent.

Parties
Applicant: Michael Danias; Respondent: Etihad Airways PJSC
Jurisdiction
Australia
Judgment Date
09 October 2015
Procedural Posture
Consumer Claim / Final Determination
Outcome
Application allowed
Legal Topics
Unconscionable Conduct
Consumer Law Unconscionable Conduct

Case Brief

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Parties

Michael Danias

Applicant

Etihad Airways PJSC

Respondent

Procedural Posture

Consumer Claim / Final Determination

Legal Issues

  1. 1 Whether the respondent engaged in unconscionable conduct by blocking the applicant from using loyalty points to book a flight

Ratio Decidendi

The respondent engaged in unconscionable conduct by denying the applicant the use of loyalty points to book a flight without reasonable explanation, despite the applicant's compliance with information requests and loyalty to the respondent.

Court Disposition

Application allowed

Orders

  • Within seven (7) days Etihad Airways PJSC is to pay Michael Danias $9,726.79, being a refund of the cost of an airline ticket purchased on or about 30 August 2015, less applicable taxes and other charges.
  • Etihad Airways PJSC is to deduct from Michael Danias' Guest Miles, points equivalent to the cost of the ticket.