Povey v Qantas Airways Limited [2005] HCA 33


No summary of facts drafted yet for this case.


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…?


No discussion yet for this case.

Useful for

Passenger's own internal reaction to normal and expected operation of aircraft not an accident

Treaty provisions considered

No treaty provisions considered.

Legislation considered

None identified.