Povey v Qantas Airways Limited [2005] HCA 33

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

BRIAN WILLIAM POVEY APPELLANT

AND

QANTAS AIRWAYS LIMITED & ANOR RESPONDENTS

Povey v Qantas Airways Limited

[2005] HCA 33

23 June 2005

M167/2004

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Victoria

Representation:

J B R Beach QC with B F Quinn for the appellant (instructed by Slater & Gordon)

J L Sher QC with S A O'Meara for the first respondent (instructed by Minter Ellison)

A J Meagher SC and A S Bell for the second respondent (instructed by Ebsworth & Ebsworth)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Povey v Qantas Airways Limited

Aviation – Carriage by Air – Liability of carrier – International Convention imposing liability for damage sustained in the event of bodily injury suffered by a passenger, if the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking – Appellant allegedly contracted deep venous thrombosis while a passenger on long-haul international flight on aircraft operated by the respondents – Whether appellant should have been warned of the risk of deep venous thrombosis – Whether appellant should have been given advice on precautions that would minimise risk of its occurrence – Whether appellant's contracting deep venous thrombosis was an accident that took place on board the aircraft within the meaning of Art 17 Warsaw Convention 1929 as amended by the Hague Protocol 1955 and by Montreal Protocol No 4 1975.

International Law – Treaties – Construction – Requirement of uniform interpretation by contracting states – Under Art 31 Vienna Convention on the Law of Treaties interpretation to be conducted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in light of its object and purpose.