Vertzyas v Singapore Airlines (2000) 50 NSWLR 1

Facts: P (Greek resident) bought a return ticket in Athens to travel to Sydney and back. P was injured when the plane encountered turbulence. P initiated proceedings in NSW against D (international air carrier) which had its head office & principal place of business in Singapore. D objected to NSW jurisdiction as the claim had to be brought at place of destination (Greece). However, D’s solicitors also challenged P’s claim that she suffered ‘bodily injury’ and that the cause of injury was the plane plummeting. D’s solicitors also sent a letter to P’s solicitors asking P to attend a medical exam.

Held: In contesting jurisdiction and undertaking substantive aspects of the claim by requesting P undergo medical examinations, D had submitted to jurisdiction. In order for a party to be treated as having submitted to the jurisdiction of the court so as to waive an objection to such jurisdiction, it has to do acts in the court proceedings that are inconsistent with its maintaining such an objection, such as raising the merits of the other party’s case.