Page v Sydney Seaplanes Pty Ltd Trading As Sydney Seaplanes

The High Court of Australia considered an appeal from the New South Wales Court of Appeal in a matter involving Sydney Seaplanes Pty Ltd (trading as Sydney Seaplanes) and the estate of a deceased passenger, Mr. Page. The dispute concerned the proper interpretation of the Montreal Convention, specifically its application to claims for damages arising from an aircraft accident that occurred in international carriage.

The central legal issue before the High Court was whether the Montreal Convention exclusively governed claims for damages for death or personal injury sustained by passengers during international carriage by air, thereby precluding claims under domestic tort law. This involved determining the scope of Article 17 of the Convention and its relationship with national laws.

The High Court held that the Montreal Convention provides an exclusive regime for claims for damages for death or personal injury in international carriage by air. Their Honours reasoned that the Convention's text and purpose indicate an intention to create a uniform and exclusive system of liability for such claims, superseding inconsistent domestic laws. The Court affirmed that the Convention's provisions on liability, including the limits on damages, are intended to be exhaustive, preventing recourse to common law or statutory tort claims that would circumvent the Convention's framework.

Consequently, the High Court allowed the appeal, finding that the claims brought by Mr. Page's estate were confined to the remedies provided by the Montreal Convention.