Trade & Transport Bulletin - Developments in air carriage liability

In this issue of the Trade & Transport Bulletin we look at two developments affecting international air carriage liability – recent significant changes to liability limits under the Montreal Convention 1999 and a decision by the New South Wales Court of Appeal.

Air Tahiti Nui Pty Ltd v McKenzie [2009] NSWCA 429 concerned what constitutes a 'contracting carrier' under the Warsaw Convention as amended at The Hague 1955 and by Montreal Protocol No 4 (collectively known as the Montreal No 4 Convention). The judgment arose out of an appeal from proceedings relating to injuries sustained by the plaintiffs during a flight from New York to Tahiti. Allsop P and Handley AJA ultimately upheld the trial judge's decision that Air Tahiti Nui Pty Ltd (Air Tahiti) was a 'carrier' for the purpose of the Montreal No 4 Convention.