DCC 1/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, Companies & Corporate Bodies, Enforcement of Judgments, General Commercial Law, Compensation, Aviation (Transport Law), Appeals
Copyright
LexisNexis
Decision date
30 Mar 2003
Catchwords
Compensation – Accountability – Air Carrier – Damage – Goods – Consignment note – Warsaw International Convention – Montreal Convention – Contested judgment – Weight – Value – Appeal – Cassation – Appellant Company – Respondent Company – Objection
The case outlines the methods used to estimate the compensation which resulted from the accountability of the Air Carrier for damage or deterioration of goods consigned pursuant to a consignment note under the provisions of Warsaw International Convention and Montreal Convention. The ruling of the contested judgment to estimate the due compensation for the damage of consigned goods, based on of their weight and not their actual value, as it has not been proved that the Consignor submitted a statement of goods value to the Carrier, shall be deemed applying of law properly. Notice of appeal through cassation has to include grounds of appeal. The objection of the Appellant Company that the contested judgment has not illustrated facts upon which it depends in the ruling thereof that the Respondent Company is a mere broker without the disclosure of the effect of this before the cassation, shall be deemed an unaware and inadmissible objection.
Pursuant to the reading of the documents, and the hearing of the report perusal by the judge (…..) and the pleading and after deliberation.
Whereas the cassation has fulfilled all formal conditions,