Dibbs v Emirates [2015] NSWSC 1332

Dibbs v Emirates [2015] NSWSC 1332

The plaintiff failed to discharge the evidentiary burden of proving that she suffered bodily injury as a result of an 'accident' within the meaning of Article 17(1) of the Montreal Convention during the Emirates flight; her evidence lacked cogency and credibility and was not supported by contemporaneous records or objective evidence. Accordingly, she did not establish liability and her claim was dismissed.

Parties
Plaintiff: Michelle Leanne Dibbs; Defendant: Emirates
Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Civil / Principal Judgment; Final Orders
Outcome
Claim dismissed; verdict for defendant.
Legal Topics
Carriers' Liability, Montreal Convention, Accident Definition, Credibility of Witnesses, Damages, Pre Existing Conditions
Personal Injury Aviation Law Carriers' Liability Montreal Convention Accident Definition Credibility of Witnesses Damages Pre Existing Conditions

Case Brief

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Parties

Michelle Leanne Dibbs

Plaintiff

Emirates

Defendant

Procedural Posture

Civil / Principal Judgment; Final Orders

Legal Issues

  1. 1 Whether the spilling of hot tea by a flight attendant constituted an 'accident' within the meaning of Article 17(1) of the Montreal Convention
  2. 2 Whether the plaintiff suffered bodily injury attributable to an accident during the flight
  3. 3 Whether damages are payable in light of any pre-existing condition

Ratio Decidendi

The plaintiff failed to discharge the evidentiary burden of proving that she suffered bodily injury as a result of an 'accident' within the meaning of Article 17(1) of the Montreal Convention during the Emirates flight; her evidence lacked cogency and credibility and was not supported by contemporaneous records or objective evidence. Accordingly, she did not establish liability and her claim was dismissed.

Court Disposition

Claim dismissed; verdict for defendant.

Orders

  • The amended statement of claim filed on 2 September 2015 is dismissed and a verdict is entered for the defendant.
  • The defendant is to file and serve any submission in support of an order for costs by close of business on 23 October 2015.