Written by Jerry Skinner Jerry Skinner, Special Counsel with LHD Lawyers
Late on Friday, July 17, 2015 LHD lawyers filed the first action against Malaysia Airlines in the Supreme Court of New South Wales asking the Court to clarify and complete the law found in the Civil Aviation (Carriers Liability) Act 1959 or "CACL" as amended in 2008.
The CACL and the Montreal '99 scheme is silent concerning damages other than profits and certain economic losses which are not the only elements which can be claimed. LHD believes that Malaysia Airlines may owe other elements to Plaintiffs which could lift the monetary recoveries in all Australian cases above the Montreal 99 Tier 1 limit of 113, 1000 SDR's. LHD is asking the Supreme Court for this clarification before filing damages actions on behalf of it's clients.
It is hoped that a Court declaration by spring will leave all Plaintiffs with sufficient time to file before the Statute of Limitations expires on July 17, 2016.
This is the first legal action of any type filed in Australia as a result of the MHA 17 attack.