United Airlines Inc v Sercel Australia Pty Ltd [2012] NSWCA 24

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: United Airlines Inc v Sercel Australia Pty Ltd [2012] NSWCA 24 Hearing dates: 1 March 2011 & 18 October 2011 Decision date: 05 March 2012 Before: Allsop P at [1] Macfarlan JA at [103] Handley AJA at [104] Decision: The Court orders: 1. Leave to appeal granted. 2. Applicant to file a Notice of Appeal within 14 days. 3. Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: WORKERS' COMPENSATION - passenger on board aircraft suffered injury during flight while landing in Texas - passenger employed by and in course of employment with respondent at time of injury - respondent made workers' compensation payments through insurer - whether respondent could recover payments from applicant pursuant to Workers Compensation Act 1987 (NSW), s 151Z(1)(d).

CARRIAGE BY AIR - right of indemnity and contribution pursuant to Civil Aviation (Carriers' Liability) Act 1959 (Cth) ("Act"), s 37 - whether two year time bar provision in Art 29 of Warsaw Convention and amending instruments ("Convention") made applicable in Pt IIIC of Act applicable - discussion of Art 17 and Art 24 of Convention - two year time bar not applicable to respondent's claim.