Originally Posted by
Globaliser
I think it might be interesting to have a look at some more recent cases:
- Gulf Air Company GSC v Fattouh [2008] NSWCA 225 (24 September 2008)
- Air Tahiti Nui Pty Limited v McKenzie [2009] NSWCA 429 (21 December 2009)
- Qantas Airways Limited v Commissioner of Taxation [2011] FCAFC 113 (1 September 2011)
I haven't read them in detail, but a quick skim of them suggests that the courts are now generally regarding
MacRobertson Miller as bonkers.
You might want to start reading cases in detail, then.
Air Tahiti and
Qantas both say that
Macrobertson Miller is not relevant to the questions of law to be decided in those cases.
Gulf Air says
Macrobertson Miller doesn't usurp provisions of the Warsaw Convention. In Gulf Air, Allsop P specifically says his decision is not intended to cast doubt on
Macrobertson Miller.
I think you're drawing a very long bow if you're claiming those cases in any way overturn Macrobertson Miller. Just sayin.