Dibbs v Emirates [2015] NSWSC 1332

Supreme Court New South Wales

Medium Neutral Citation: Dibbs v Emirates [2015] NSWSC 1332 Hearing dates: 1, 2 and 3 September 2015 Date of orders: 11 September 2015 Decision date: 11 September 2015 Jurisdiction: Common Law Before: Wilson J Decision: 1. The amended statement of claim filed on 2 September 2015 is dismissed and a verdict is entered for the defendant. 2. The defendant is to file and serve any submission in support of an order for costs by close of business on 23 October 2015. 3. The plaintiff is to file and serve any submission in reply as to costs by 6 November 2015. 4. Any application for costs is to be dealt with on the papers. Catchwords: PERSONAL INJURY – civil – carriage by air – carriers' liability – Montreal Convention – whether the events constitute an "accident" - definition of "injury" – credibility of witnesses – demeanour of witnesses

DAMAGES – general damages – whether pre-existing condition – use of expert evidence – rule in Watts v Rake Legislation Cited: Civil Aviation (Carriers Liability) Act 1959 (Cth) Civil Liability Act 2002 (NSW) Montreal Convention 1999 Uniform Civil Procedure Rules 2005 (NSW) Warsaw Convention 1929 Cases Cited: Air France v Saks (1985) 470 US 392 Airlink Pty Limited v Paterson [2009] NSWCA 251 Povey v Qantas Airways Limited [2005] HCA 33; (2005) 223 CLR 189 Purkess v Crittenden (1965) 114 CLR 164 Watts v Rake [1960] HCA 58; 108 CLR 158 Category: Principal judgment Parties: Michelle Leanne Dibbs (Plaintiff) Emirates (Defendant) Representation: Counsel: T. McKenzie (Plaintiff) D. Stanton (Defendant)