NSW Caselaw
Reported Decision: 75 NSWLR 354233 FLR 416[2010] ALMD 3505
New South Wales Court of Appeal
CITATION: Air Link Pty Ltd v Paterson [2009] NSWCA 251
HEARING DATE(S): 4 August 2009
JUDGMENT DATE: 20 August 2009
JUDGMENT OF: Allsop P at 1; Ipp JA at 1; Sackville AJA at 95
DECISION: Appeal dismissed with costs.
CATCHWORDS: AVIATION - carriage by air - carriers' liability - statutory liability of carrier for personal injury suffered by passenger – Civil Aviation (Carriers' Liability Act) 1959 (Cth) s28 - construction to recognise international source of terms used by Parliament - Convention for the Unification of Certain Rules Relating to International Transportation (Warsaw Convention) Article 17 – Hague Protocol – Montreal Protocol – injury occurred while passenger disembarking from small aeroplane – whether accident cause of injury – required externality – unusual, unexpected and external event – discharge of onus of proof can occur in circumstances where precise character and details of the external event are not proved - DAMAGES – general damages - whether pre existing condition - injury aggravated pre-existing knee injury – injury to other knee as a result – use of expert evidence – expert evidence subject to rational analysis – clear explanation as to why unable to resolve differences between experts – rule in Watts v Rake - DAMAGES – pure economic loss – evidence capable of supporting case for loss of economic capacity – finding of trial judge based on the evidence - WORDS AND PHRASES – "accident" - Civil Aviation (Carriers' Liability Act) 1959 (Cth) - s28
Australian Constitution Civil Aviation (Carriers' Liability) Act 1959 (Cth) Civil Liability Act 2002 LEGISLATION CITED: Judiciary Act 1903 (Cth) Warsaw Convention (Convention for the Unification of Certain Rules Relating to International Transportation by Air, October 1926) Hague Protocol of 1955 Montreal Protocol No 4 of 1975 1999 Montreal Convention for the Unification of Certain Rules for International Carriage by Air
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