UPS Supply Chain Solutions Inc v Qantas Airways Ltd - US Court of Appeals (9th Circuit)(O'Scannlain, Gould and Ikuta Ct JJ) - 10 February 2011

(2011) 820 LMLN 3

Carriage of goods by air - Montreal Convention - Whether two-year time limit in Article 35 on - the right to damages" applied to third-party claims seeking indemnification and contribution between carriers

On 14 November 2004 UPS’s predecessor-in-interest contracted with Air New Zealand Engineering Ltd to ship a turbine aircraft engine from New Zealand to the United States. UPS’s predecessor in turn contracted with Qantas to perform the actual carriage of the engine to its destination. When the engine arrived in Los Angeles on 19 November it was found to be in a damaged condition. The engine’s owner made a claim on, and was indemnified by its insurers in the sum of US$119,666.62.