Monthly Archives: November 2015

Supreme Court of New South Wales rules that PTSD can be a “bodily injury” under the Montreal Convention

In November 2009, an aircraft operated by Pel-Air Aviation Pty Ltd (“Pel-Air”) flew from Sydney, Australia to Samoa to transport a seriously ill patient and her husband to Melbourne, Australia.  The plane was scheduled to land at Norfolk Island (on its way to Melbourne) to refuel.  It crashed during that leg of the flight and the doctor and nurse who were onboard the aircraft (Ms. Casey and Dr. Helm) were both seriously injured.  They commenced an action against Pel-Air in the Supreme Court of South Wales.

As this case involved an international flight, Ms. Casey and Dr. Helm could only recover damages according to the provisions of the Montreal Convention, an international treaty that exclusively governs such cases.  Courts around …

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