Passenger injury civil liability actions: limiting the damages against airlines

摘要

Most australian states in recent years have introduced legislation aimed at restricting and limiting damages awarded in personal injury litigation (modified damages legislation). In New South Wales, the relevant legislation is the Civil Liability Act 2002. Until recently, no Australian court had ruled on the application of the Civil Liability Act to civil liability actions made under the Civil Aviation (Carriers' Liability) Act 1959, which incorporates into Australian law the amended Warsaw Convention.