Nguyen v Qantas Airways Limited

In the Federal Court of Australia, Nguyen sued Qantas Airways Limited for damages arising from an alleged personal injury sustained during an international flight from Australia to the United States of America. The plaintiff contended that his seat did not fully recline, causing bodily injury. He argued that this and other events constituted an unusual and unexpected event or an accident under Article 17 of the Montreal Convention No 4. Qantas denied that the events occurred as alleged by the plaintiff and that they constituted an accident.

The court was required to determine whether the events occurred as alleged by the plaintiff and whether they constituted an unusual or unexpected event or an accident within the meaning of Article 17 of the Montreal Convention No 4. This required an examination of the evidence presented by both parties and an interpretation of the relevant provisions of the Convention.

The court found that the events occurred as alleged by the plaintiff, but they did not constitute an unusual or unexpected event or an accident within the meaning of Article 17 of the Montreal Convention No 4. The court found that the events were foreseeable and within the ordinary course of travel. The court also found that the plaintiff's injuries were not severe enough to constitute an accident under the Convention.

The court ordered the parties to appear before it to determine the form of orders and to hear submissions on costs. The court found in favour of Qantas Airways Limited and dismissed the plaintiff's claim.