Di Falco v Emirates (No 2)

Di Falco sued Emirates Airlines for injuries sustained during a flight that resulted in a serious accident. The plaintiff alleged that the airline was strictly liable for her injuries under the Civil Aviation (Carriers’ Liability) Act 1959. The primary dispute was whether the airline's failure to provide adequate hydration during the flight constituted an "accident" for which the airline could be held liable. The case was heard in the Federal Court of Australia.

The central legal issue was whether the airline's failure to provide adequate hydration constituted an "accident" under the Act, which would trigger the airline's strict liability for the plaintiff's injuries. A further issue was whether the circumstances leading to the plaintiff's dehydration were unusual or unexpected. The court also considered the implications of the Montreal Convention relating to International Carriage by Air, the Warsaw Convention, and the Vienna Convention.

The court found that the failure to provide adequate hydration did not amount to an "accident" under the Act because the circumstances leading to the plaintiff's dehydration were not unusual or unexpected. The court held that the plaintiff's dehydration was a foreseeable consequence of the flight, and the airline was not strictly liable for the injuries sustained. The court further held that the provisions of the Montreal, Warsaw, and Vienna Conventions did not apply to the case. Consequently, the plaintiff's claim was dismissed.

The court ordered that the plaintiff take no costs of the defendant.