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The ACCC alleged that between 2001 and 2006, Malaysian Airlines and Malaysia Airlines Cargo entered into arrangements or understandings with other international air cargo carriers that had the purpose or effect of fixing the price of a fuel surcharge and a security surcharge that were applied to air cargo carried by them and other airlines.
The case is part of a broader legal effort against four budget airlines, with potential compensation reaching up to 10 billion euros Image credits: Niklas Jeromin
The amounts were paid pursuant to agreements which entitled the respondents to recover the moneys, together with interest, if it were to be held that, as against the respondents, the liens did not validly secure payment of the charges, or for any reason the liens, or the charges, or both, were, in whole or in part, illegal, void or unenforceable.
Olympic Airways v. Husain, 540 U.S. 644 (2004), was a United States Supreme Court (SCOTUS) case related to Olympic Airways Flight 417. The case arose from the death on January 4, 1998 of Dr. Abid Hanson, [1] a passenger on Olympic Airways Flight 417 from Cairo, Egypt, via Athens, Greece, to New York City in the United States.
Air travellers are being failed as no airlines have been fined due to regulatory action in 20 years despite numerous cases of “unlawful” behaviour, according to a consumer group.
(3) Summarising the cases where the court has found lawful act duress. 17. The three earlier cases, Williams v Bayley, Kaufman v Gerson and Mutual Finance Ltd, were all cases in which the court treated the attempt by the party to uphold or enforce the contract as being unconscionable because of that party’s behaviour.
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