An Australian man has filed a lawsuit against UAE-based Etihad Airways for back injuries sustained by being seated next to an overweight man on a 14-hour flight from the Emirates to Sydney.

James Bassos said he was forced to twist and contort his body for a long period to avoid contact with his fellow passenger, who coughed frequently and had fluid coming from his mouth, said a report in the mirror.co.uk - the online edition of The Daily Mirror.

Bassos said he repeatedly requested the cabin crew to move seats, before being moved to the crew seat, but only for a short time.

Bassos was moved back to his actual seat again later for security reasons and then again for the final 90 minutes of the flight.

He claims the incident, which took place in 2011, has left him with a permanent back problem and is seeking damages for personal injuries, the report said.

In response to the allegations, Etihad argued that it was not unusual to be seated next to overweight passengers or those who cough on board.

However Judge Fleur Kingham has refused to strike out the claim and has ordered medical checks on Bassos in December, it said.

Etihad Airways said it would continue to oppose the action and believes that the medical assessment would proceed the matter to an early conclusion.