An employer's statutory indemnity claim under s 151Z(1)(d) of the Workers Compensation Act 1987 (NSW) against an international air carrier is not subject to the two-year time bar in Art 29 of the Warsaw Convention; the six-year limitation period under the Limitation Act 1969 (NSW) applies. The Convention's limitation period applies only to actions for damages by passengers or those claiming through them, not to independent statutory indemnity or contribution claims. The choice of law rules for torts (Regie Nationale v Zhang) do not govern statutory indemnity claims created by NSW law.
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