Full Court Minute Books

Case S138/2024

Evans & Anor v. Air Canada ABN 29094769561

Case No.

Case no S138/2024

Case Information

Lower Court Judgment

21/06/2024 Supreme Court of New South Wales (Court of Appeal) (Leeming & Payne JJA, Griffiths AJA)

[2024] NSWCA 153

Catchwords

Aviation law – international carriage of passengers by air – Unification of Certain Rules of International Carriage by Air 1999 (”Montreal Convention”) – where appellants sought damages in Supreme Court of New South Wales for injuries allegedly suffered from turbulence on Air Canada flight from Vancouver to Australia under art 17 of Montreal Convention (incorporated into Australian law under s 9B Civil Aviation (Carriers’ Liability) Act 1959 (Cth) – where respondent pleaded it was not liable for damages exceeding “113,100 Special Drawing Rights” in accordance with art 21 of Montreal Convention – where appellants relied on rule 105(C)(1)(a) of Air Canada’s International Tariff General Rules which stipulated there were no financial limits on compensatory damages recoverable in respect of bodily injuries – where Court of Appeal found rule 105(C)(1)(a) did not have effect of waiving defence created by art 21 – whether Court of Appeal erred in construing arts 17, 21 and 25 of Montreal Convent ion by treating rule 105(C)(1)(a) as form of consumer notification rather than term of contract of carriage – whether Court of Appeal erred in holding stipulation in rule 105(C)(1)(a) did not preclude financial limit under art 21(2) in cases where damages would exceed a monetary or financial amount and carrier proves no fault – whether Court of Appeal erred in not holding operation of rule 105(C)(1)(a) constitutes a stipulation for purposes of art 25 and displaced application of art 21(2) of Montreal Convention.

Documents*

10/10/2024 Determination

23/10/2024 Notice of appeal

28/11/2024 Written submissions (Appellants)

28/11/2024 Chronology (Appellants)

21/01/2025 Written submissions (Respondent)

04/02/2025 Reply

12/03/2025 Hearing (Full Court, Canberra)

12/03/2025 Outline of oral argument (Appellants)

12/03/2025 Outline of oral argument (Respondent)