Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of Article 20 of the Convention, if, in an action against a carrier under the Convention relating to damage:
(a) sustained in the case of death or bodily injury of a passenger; or
(b) sustained in the case of destruction or loss of, or of damage to, baggage of a passenger; or
(c) sustained in the event of the destruction or loss of, or damage to, cargo; or
(d) occasioned by delay in the carriage by air of a passenger, a passenger's baggage, or cargo;
the carrier proves that the damage was caused by, or contributed to by, the negligence of the passenger or the consignor of the cargo, the damages recoverable in respect of the damage must be assessed in accordance with this section.
(2) The court must determine the damages that would have been recoverable if:
(a) there were no limit on the amount of the damages fixed by or in accordance with the Convention; and
(b) there had been no negligence on the part of the passenger or consignor.
(3) The damages determined under subsection ( 2) must be reduced to the extent the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.
(4) If the damages, as reduced in accordance with subsection ( 3), exceed any maximum liability of the carrier fixed by or in accordance with the Convention, the court must further reduce the damages to the maximum liability.
(5) If any case to which subsection ( 1) applies is tried with a jury, the jury must determine the damages referred to in subsection ( 2) and the amount of the reduction under subsection ( 3).