Passenger loses bid to sue in air rage claim
Posted on: September 29th, 2008 by Doug SmithAccording to a recent media report, a passenger who has said he was punched by another passenger on board an international flight will not have the opportunity to sue the airline in an Australian court.
On Thursday, the New South Wales (NSW) Court of Appeal allowed a Gulf Air challenge against ruling that the NSW District Court had jurisdiction in the case.
The passenger, Ahmed Bader Eddin Fattouh, who is a resident of Lebanon living in Tripoli, flew to Sydney in February of 2005 to visit his son.
As he was travelling on a Beirut-Sydney return ticket, the Appeal Court argued that the District Court had jurisdiction only if Sydney was the passenger’s actual destination.
In the judgment handed down, Justice James Allsop said that Fattouh was claiming damages for personal injuries that were said to have been sustained on 21 February 2005.
Fatouh was travelling on a flight operated by Gulf Air that was on route to Sydney from Beirut, stopping in Bahrain. He claims that while he was standing in the aisle of the cabin, he was punched by another passenger – who has also filed a lawsuit in the matter.
www.gulfair.com