McKenzie & McKenzie v Air Tahiti Nui Pty Ltd

McKenzie & McKenzie brought an action against Air Tahiti Nui Pty Ltd for damages following an incident that occurred during an international flight. The case was heard by the Federal Circuit Court of Australia. The plaintiffs claimed that they suffered injuries due to the airline's negligence, and sought compensation for their medical expenses, loss of income, and pain and suffering.

The central legal issue before the court was whether Air Tahiti Nui Pty Ltd was the carrier for the purposes of the Warsaw Convention and the Carriage by Air Act 1982 (Cth). If it could be established that the airline was the carrier, then the plaintiffs' claims would be governed by the limitations and requirements of these international agreements, potentially affecting the amount and nature of the compensation they could recover. The airline argued that it was not the carrier and therefore not subject to the constraints of these laws.

The court determined that Air Tahiti Nui Pty Ltd was indeed the carrier for the purposes of the relevant Convention and Statute. The judge found that the airline had performed the carriage service, issuing tickets and providing the flight. The court held that the airline was estopped from denying its liability as the carrier due to its conduct, including issuing tickets and providing the flight. Consequently, the airline's liability was determined based on the principles of the Warsaw Convention and the Carriage by Air Act 1982 (Cth).

The court ordered that Air Tahiti Nui Pty Ltd was estopped from denying its liability as the carrier, and that the plaintiffs' claims would proceed under the applicable international conventions and statute. Further proceedings were directed to determine the amount of compensation to be awarded to the plaintiffs.