Read the full judgment text of HCA 000860/2004 on BabelCite. This High Court CFI judgment was delivered on 20 February 2006.
1. The plaintiff purports to fix liability under Articles 18 and 19 of the Amended Convention. The defendant contests this application by relying on clauses purporting to exclude or limit its liability and quantum. In summary, these are Clause 2 of the terms on the reverse side of the air waybills (“Clause 2”), Clauses B and C of Section XIII of the Service Guide (“Clauses B and C” respectively), Articles 22 and 25 of the Amended Convention.