Case notes by topic
Travel and aviationPage 3
Case notes on injuries in the air, at sea and on holiday, and on claims that cross borders.
Newest first
- Aircraft accident
Remote airport tarmac fall spotlights airline disembarkation accident liabilities
A serious accident during passenger disembarkation at a remote Australian airport, demonstrates the relative safety responsibilities of airlines, ground handlers and airport operators to guard against foreseeable hazards.
- Cruise ship injury
White Island cruise ship passengers win big: Royal Caribbean refused anti-suit injunction
The tragic loss of life from the December 2019 volcanic eruption at White Island in New Zealand has made its way to the courts in a ruling that allows injured and deceased cruise ship passenger compensation claims to be…
- Aircraft accident
Pilot skewered in amusement ride crash; Teenage rider in big psych damages win
A series of extraordinary events led to a light aircraft colliding with a Ferris wheel at a beach festival on the NSW mid-north coast in October 2011.
- Holiday & travel law
Former league star scores in local lawsuit over negligent surgery in France
A negligence claim in NSW’s Supreme Court relating to an adverse outcome from surgery conducted in Toulouse and adjudicated under French law, has yielded big damages for a former Newcastle Knights player.
- Cross-border claims
What lies beneath? Coral Sea reef contest echoes China “island” claims
A recent ruling on some residual cost issues arising out of the 2015 Federal Court sovereignty claim over the Elizabeth and Middleton Reefs that lie in the Coral Sea 95 km north of Lord Howe Island coincides with a much larger…
- Boating & watercraft
Tourist boat back injury foreseeable, just not where big wave caused tourist’s broken back
A marine tourism operator has claimed civil liability immunity to avoid payment of $400k compensation for a serious spinal injury sustained by a passenger when its excursion boat encountered a steep wave.
- Aviation law
In planes and on boats, bad acts by states lay siege to benevolent federal laws
What law must be applied in the adjudication of a claim arising out of an overseas accident that is litigated in Australia?
- Aviation law
Airlines’ overseas agreements ruled illegal for their effect on Australian competition
Air New Zealand and Garuda Indonesia have both been fined for their role in a price-fixing cartel for air cargo shipments in Australia.
- Aviation law
Pilot crashes in cloud after pressing on, sues for inadequate weather warnings
An experienced pilot whose helicopter crashed after being caught in cloud in the PNG highlands - contrary to the air rules under which the flight was being conducted - has sued his employer for his catastrophic injuries.
- Holiday & travel law
Overnight motel stop leads to kid’s pool tragedy
The family’s overnight stay at the Gympie Motel in February 1998 was unscheduled.
- Holiday & travel law
Wee hours tumble at roadhouse landmark
The BP Chinderah roadhouse is a welcome landmark for those driving South to the Tweed Coast as it signals they are approaching their destination and for those going further, it marks the start of the most picturesque part of the…
- Aviation law
Passenger sues for wrongful detention & excessive force in international airport bust up
Geoff Barker had “probably about 7 rums” in a Port Moresby bar before arrival at the airport to board the Air Niugini flight PX025 to Brisbane in November 2011.
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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