Povey v Qantas Airways Limited [2005] HCA 33
Facts
No summary of facts drafted yet for this case.Issue(s)
At [7]:
Does the appellant’s claim against the carriers reveal an arguable cause of action? Or, if the allegations of fact made by the appellant were established, would the claim nonetheless fail? In particular, is it arguable that the carriers not warning passengers of precautions they could take to minimise or eliminate the risk of DVT, or the conditions of the flights, or both the absence of warning and the flight conditions could constitute an “accident” within the meaning of Art 17…?
Discussion
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Passenger's own internal reaction to normal and expected operation of aircraft not an accident
Treaty provisions considered
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None identified.Appeals history
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