Mary Hanna v Singapore Airlines Ltd [2007] NSWDC 288

Reported Decision : 6 DCLR (NSW) 214

New South Wales District Court

CITATION: Mary Hanna v Singapore Airlines Ltd [2007] NSWDC 288

HEARING DATE(S): 28 September 2007 EX TEMPORE JUDGMENT DATE : 28 September 2007

JURISDICTION: Civil

JUDGMENT OF: Neilson DCJ at 1

DECISION: Defendant's application granted; Action is dismissed; Plaintiff to pay defendant's costs; Exhibits to be returned

CATCHWORDS: Plaintiff claimed she developed "deep venous thrombosis" as a result of flying between Sydney and Cairo commencing on 21 June 2005 - Condition was in fact pedal oedema - Plaintiff had booked a seat in a "front row" aisle leading to an emergency exit - At check-in, computer of carrier malfunctioned and this seat not allocated to her but a seat in the very back aisle - Further request for a seat in the desired aisle refused as plaintiff suffering from a disability - Seating allocation alleged to constitute "an unexpected event external to the passenger which occurred ... in the course of the operation of embarking the aircraft" - Proceedings dismissed under UCPR 13.4 - Civil Aviation Carriers Liability Act 1959 (Cth) - Civil Aviation Regulations 1988, reg 254 (Cth) - Warsaw Convention 1929, article 17 - Kotsambasis v Singapore Airlines Ltd (1997) 42 NSWLR 110 - McCarthy v Northwest Airlines Inc 56F 3d 313 (Int Cir 1995) - Povey v Qantas Airways Ltd (2005) 223 CLR 189 - Re Deep Vein Thrombosis and Air Travel Group Litigation [2004] QB 234 (CA) - Olympic Airways v Husain (2004) 540 US 644

LEGISLATION CITED: Civil Aviation Carriers Liability Act 1959 (Cth)

Kotsambasis v Singapore Airlines Ltd (1997) 42 NSWLR 110 McCarthy v Northwest Airlines Inc 56F 3d 313 (Int Cir 1995) CASES CITED: Povey v Qantas Airways Ltd (2005) 223 CLR 189 Re Deep Vein Thrombosis and Air Travel Group Litigation [2004] QB 234 (CA) Olympic Airways v Husain (2004) 540 US 644