DHI22 v Qatar Airways Q.C.S.C (No 2) [2024] FCA 348

FEDERAL COURT OF AUSTRALIA

DHI22 v Qatar Airways Q.C.S.C (No 2) [2024] FCA 348 File number(s): NSD 837 of 2022

Judgment of: HALLEY J

Date of judgment: 10 April 2024

Catchwords: AVIATION – liability of an aircraft carrier for injuries allegedly suffered by the applicants – whether claim can be brought against the first respondent under the Montreal Convention – meaning of "in the course of any of the operations of embarking or disembarking" – no reasonable prospects of establishing accident took place in the course of "embarking" or "disembarking" AVIATION – exclusivity principle – whether Art 29 of the Montreal Convention precludes applicants from bringing claim in negligence against first respondent – whether the exclusivity principle is limited to personal injury suffered on board the aircraft or "in the course of any of the operations of embarking or disembarking" – exclusivity principle to be interpreted broadly, applying to personal injury suffered in the course of international carriage by air NEGLIGENCE – duty allegedly owed by first respondent to take all reasonable steps to avoid or minimise risk of harm NEGLIGENCE – duty allegedly owed by third respondent to take all reasonable steps to avoid or minimise risk of harm – scope and extent of duty – attribution of liability for conduct of police officers and nurse – contentions contradicted by unanswerable or unanswered evidence of a fact – pleading of material facts TORTS – assault, battery and false imprisonment – attribution of liability for conduct of police officers and nurse – contentions contradicted by unanswerable or unanswered evidence of a fact – pleading of material facts PRACTICE AND PROCEDURE – application by first respondent for summary judgment – application by first respondent for strike out – whether the pleaded claims against first respondent have reasonable prospects of success – summary judgment in favour of first respondent PRACTICE AND PROCEDURE – application by third respondent to set aside service of originating documents – whether the pleaded claims against third respondent have insufficient prospects of success – application stood over pending consideration of amended pleading PRACTICE AND PROCEDURE – application for leave to file a second further amended statement of claim – pleadings as currently framed not to proceed – application dismissed – leave granted to file revised amended statement of claim consistent with reasons for judgment