Transpac Express Ltd v Malaysian Airlines - High Court (Smellie J) - 18 June 2002

Aircraft wrongly arrested in circumstances where Court had no jurisdiction to permit arrest - Whether arresting party liable in damages for wrongful arrest

On 5 November 1999 the defendant ("MAL") chartered a cargo aircraft to Australia Pacific Direct Pty Ltd ("APD") for two weeks to fly three rotations to various destinations in the Pacific, including Wallis Island, a French Protectorate. APD contracted separately with the plaintiff ("Transpac") to carry Transpac’s cargo on the rotation flights. Transpac’s contract with APD was a venture by Transpac into extending its cargo business to transport by air.