NSW Caselaw
New South Wales District Court
CITATION: McKenzie & McKenzie v Air Tahiti Nui Pty Ltd [2009] NSWDC 85
HEARING DATE(S): 10/12/2008, 11/12/2008, 13/02/2009
JUDGMENT DATE: 13 February 2009
JURISDICTION: Civil
JUDGMENT OF: Toner SC DCJ
DECISION: The defendant is estopped from denying its liability based on denying it was the carrier.
CATCHWORDS: "Carrier" as defined by the Convention and Statute
Civil Aviation (Carriers' Liability) Act 1959 LEGISLATION CITED: Civil Procedure Act 2005 Warsaw Convention as amended at the Hague Convention and as amended by the Montreal Protocol
Charles Kapar v Kuwait Airways Corporation 269 US App. D.C. 355 Commonwealth of Australia v Verwayen (1990) 170 CLR 394 Grundt v Great Boulder Pty Ltd Gold Mines Pty Ltd (1937) 59 CLR 641 Johnson v Allied Eastern States Maintenance Corp, 48 CASES CITED: Katsambasis v Singapore Airlines Ltd (1997) 42 NSWLR 110 Lathigra v British Airways PLC 41 F.3d 535 Lear v New York Helicopter Corporation (NYHC) (1993) 597 NYS 2d 411 Nowlan v Marson Transport Pty Ltd (2001) NSWCA 346 White v Overland [2001] FCA 1333 Young Jewelry Mfg. Co. v Delta Air Lines 67 A.D.2d 148
TEXTS CITED: Shawcross and Beaumont Air Law, Volume 1 Spencer Bower, Estoppel by Representation, 4th Edition,
PARTIES: Robert James McKenzie and Diana May McKenzie (formerly Harsh) Air Tahiti Nui Pty Limited
FILE NUMBER(S): 384/07
COUNSEL: Plaintiff: Mr RH Taperell Defendant: Mr C Withers
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