Halime v Singapore Airlines Ltd [2018] NSWCA 155

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Halime v Singapore Airlines Ltd [2018] NSWCA 155 Hearing dates: 16 July 2018 Date of orders: 16 July 2018 Decision date: 16 July 2018 Before: White JA at [1] and [16]; Sackville AJA at [15] Decision: 1. Summons dismissed. 2. The applicant pay the respondent's costs. Catchwords: APPEALS – Summons seeking leave to appeal from summary dismissal of proceedings – Where proceedings commenced 20 years after expiry of limitation period – Where summons seeking leave to appeal filed over three years after orders made – Where applicant pleads that they have suffered psychological trauma and severe trauma after witnessing engine explosion – Warsaw Convention and Hague Protocol applied – No adequate explanation for delay – Proposed appeal would have no prospects of success - Summons dismissed - No question of principle Legislation Cited: Civil Aviation (Carriers' Liability) Act 1959 (Cth), s 11

Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 51.10 Cases Cited: Agtrack (NT) Pty Ltd v Hatfield (2005) 223 CLR 251; [2005] HCA 38 American Airlines Inc v Georgeopoulos [No 2] [1998] NSWCA 273 Halime v Singapore Airlines Limited [2014] NSWSC 1681 Kotsambasis v Singapore Airlines Limited (1997) 42 NSWLR 110 Pel-Air Aviation Pty Ltd v Casey (2017) 93 NSWLR 438; [2017] NSWCA 32 South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312 Category: Procedural and other rulings Parties: Emile Halime (Applicant) Singapore Airlines Limited (Respondent) Representation: Counsel: Self-represented (Applicant) J Hogan-Doran (Respondent)