Passenger Awarded $2700 After Sri Lankan Airlines Loses Bag

After losing his luggage across two international flights, an Australian passenger prevailed in an 18-month ordeal with an airline. Not only was he able to retrieve his bag, but the airline also had to pay him over $2,500 AUD.

The Global Search For Luggage

In May 2022, Michael Pascale started an international trip that involved Australia, Europe, and the United States. He boarded a global flight from Brisbane to Sydney with Qantas, followed by a trip to Paris via Sri Lankan Airlines. Despite waiting around for hours at the baggage carousel, Pascale's luggage did not show up.

Pascale had called Qantas every day to inquire about the whereabouts of his luggage, but to no avail. The only belongings in his possession were the clothes on his back and a spare T-shirt. Pascale purchased used jeans that he cut into shorts and a pair of thongs.

Qantas eventually had good news to share with Pascale, claiming that his bag was still at Brisbane Airport. However, a glitch at the airport caused the bag to be routed through Heathrow Airport in the UK. The bag eventually did get returned to Brisbane, but Pascale, at that point, was traveling in America. 

"At this point, I'm in the U.S., and I'm pretty livid because I don't want to have to deal with this," Pascale told ABC News in Australia.

From Airport To Court

In 1999, a multilateral treaty, the Montreal Convention, was signed in Australia. It gave airline passengers the right to compensation if their bag had been missing for over 21 days. But while Pascale brought this up with Qantas, the airline claimed it was Sri Lankan's responsibility since the bag was last in its possession.

Sri Lankan Airlines, via email, however, was only willing to compensate him $228 AUD, roughly $150 USD, and wasn't willing to negotiate.

Pascale's lawyer, Victoria Roy, states that travelers in Australia have had a more challenging time getting compensation rights, similar to travelers in North America, saying that most Australian flyers in similar situations give up fighting airlines for rightful compensation.

On the other hand, Pascale wasn't willing to cave in and filed a claim with the Queensland Civil and Administrative Tribunal (QCAT). A hearing occurred, but a Sri Lankan Airlines representative wasn't present.

This led to the ruling that Sri Lankans had to pay Pascale $2,717 AUD ($1,778 USD) within seven days. This dollar amount comes from the value of items inside the bag Pascale had to pay to get replaced.

Despite this victory, work still had to be done for Pascale, as the ruling was made in Queensland, not in Melbourne, where Sri Lankan Airlines is located. Roy had to correspond with the airline to get a representative to appear legally in court. 

Pascale also hired a process server to ensure the court documents were securely delivered to the rightful executive's desk.

It wasn't long after that when Pascale received a phone call from attorneys stating that the airline would finally agree to pay the $2,717. 

SriLankan Airlines also sent a statement to ABC News in Australia apologizing for not attending the QCAT hearing and launched an internal investigation into why the matter wasn't acknowledged.

Pascale claimed that receiving his compensation was a "proud moment" after over a year of grief caused by the two airlines.

What do think about this tumultuous quest for a passenger's bag? Does Australia need to ramp up its compensation laws? Let us know in the comments below!