Mary Hanna v Singapore Airlines Ltd [2007] NSWDC 288

Mary Hanna v Singapore Airlines Ltd [2007] NSWDC 288

The court held that the plaintiff's injury, being pedal oedema, was not caused by an 'accident' as defined under Article 17 of the Warsaw Convention, whether under the original or amended statement of claim. The allocation of seats at the check-in counter does not fall within the 'operations of embarking' as required under Article 17. Moreover, the injury was not caused by an external, unexpected event but was an internal, idiopathic reaction to flying. No reasonable cause of action was disclosed.

Jurisdiction
Australia
Judgment Date
28 September 2007
Procedural Posture
Civil / Application to Dismiss for No Reasonable Cause of Action (ucpr 13.4)
Outcome
Action dismissed; Defendant's application granted
Legal Topics
['warsaw Convention' 'carrier Liability' 'personal Injury on International Flights' 'accident Definition Under Article 17']
['aviation Law' 'tort Law'] ['warsaw Convention' 'carrier Liability' 'personal Injury on International Flights' 'accident Definition Under Article 17']

Case Brief

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Procedural Posture

Civil / Application to Dismiss for No Reasonable Cause of Action (ucpr 13.4)

Legal Issues

  1. 1 ['Whether the facts pleaded by the plaintiff disclose a reasonable cause of action under Article 17 of the Warsaw Convention as applicable in Australia' "Whether the plaintiff's injury was caused by an 'accident' within the meaning of Article 17 of the Warsaw Convention" "Whether the operations of checking in for a flight fall within the 'operations of embarking' under Article 17"]

Ratio Decidendi

The court held that the plaintiff's injury, being pedal oedema, was not caused by an 'accident' as defined under Article 17 of the Warsaw Convention, whether under the original or amended statement of claim. The allocation of seats at the check-in counter does not fall within the 'operations of embarking' as required under Article 17. Moreover, the injury was not caused by an external, unexpected event but was an internal, idiopathic reaction to flying. No reasonable cause of action was disclosed.

Court Disposition

Action dismissed; Defendant's application granted

Orders

  • ['Action is dismissed under UCPR 13.4.' "Plaintiff to pay defendant's costs." 'Exhibits to be returned.']