In November, 2009, an aircraft operated by Pel-Air Aviation Pty Ltd. (“Pel-Air”) flew on a charter flight from Samoa to evacuate a patient and her husband to Melbourne. Six people were on board the aircraft, including Ms. Karen Casey, a nurse employed by Care Flight (NSW), and Dr. David Helm. The aircraft was scheduled to refuel at Norfolk Island but poor weather forced the pilot to ditch the aircraft in the sea. Everyone on board the aircraft survived, but Ms. Casey and Dr. Helm were both seriously injured and commenced an action against Pel-Air in the Supreme Court of New South Wales.
As the case involved an international flight, the Montreal Convention applied to their claims for damages. At trial, …Keep reading