In brief - Plaintiff fails in application to correct
identity of respondent outside of time limitation
period
The two year time bar under the Montreal
Convention 1999 has brought a potential claimant unstuck when
legal action was commenced against the wrong legal entity as
carrier in
Bhatia v Malaysian Airline System Berhad [2018] FCA
1471.
Dr Bhatia commenced legal action in the Federal Court of
Australia against Malaysian Airline System Berhad (MAS) on 4 June
2018, claiming damages for personal injuries he alleges he
sustained on a Malaysian Airlines flight between London and Kuala
Lumpur on 5 June 2016.
Plaintiff's right to damages and Articles 33 and 35
of the Montreal Convention
