Passenger in air rage loses bid to sue
According to a report in the Daily Telegraph a man who claims he was punched by a fellow passenger on an international flight has lost his bid to sue the airline in NSW.
The NSW Court of Appeal yesterday allowed a challenge by Gulf Air against a judge’s ruling that the NSW District Court had jurisdiction to hear the case.
Ahmed Bader Eddin Fattouh, a resident of Lebanon who lived in Tripoli, came to Sydney in February 2005 to visit his son Tarek, who lived with his family at Greenacre.
However, because he was travelling on a return ticket to Beirut, the Appeal Court said the District Court only had jurisdiction if Sydney was the “place of destination”.
In the judgment, Justice James Allsop said Mr Fattouh claimed damages for personal injury, said to have been sustained by him on February 21, 2005.
He had been on a plane operated by Gulf Air en route to Sydney from Beirut, via Bahrain.
Mr Fattouh said that while he was standing in the aisle he was punched by another passenger, who he also is suing.
“The incident was said to have occurred about two hours flying time from Sydney,” Justice Allsop said.
In August last year, a District Court judge refused an application by Gulf Air to throw out the case against it for want of jurisdiction.
In allowing Gulf Air’s appeal yesterday, Justice Allsop said the ticket issued by the airline was a round trip from Beirut to Sydney via Bahrain.
Beirut was identified as the “destination” on the ticket.
The judge said it was common ground that the District Court only had jurisdiction if Sydney was the “place of destination”.
“Beirut, not Sydney, was the place of destination pursuant to the agreement of the parties,” he concluded.
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