Moore v Scenic Tours Pty LtdCitation:[2020] HCA 17Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:24 Apr 2020Case Number:S285/2019Read more

Moore v Scenic Tours Pty LtdCitation:[2020] HCA 17Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:24 Apr 2020Case Number:S285/2019Read more

Damages for disappointment and distress are precluded by s 16(1) of the Civil Liability Act 2002 (NSW) as applied by s 275 of the Australian Consumer Law, unless the statutory threshold for non-economic loss is met, which was not the case here.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
24 April 2020
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Damages, Consumer Guarantees, Personal Injury, Non Economic Loss, Disappointment and Distress
Consumer Law Contract Law Tort Law Damages Consumer Guarantees Personal Injury Non Economic Loss Disappointment and Distress

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether damages for disappointment and distress are recoverable under the Australian Consumer Law when the Civil Liability Act 2002 (NSW) precludes non-economic loss below a statutory threshold
  2. 2 Whether s 275 of the Australian Consumer Law applies s 16 of the Civil Liability Act 2002 (NSW) as surrogate federal law to limit damages for disappointment and distress not consequential upon physical or psychiatric injury

Ratio Decidendi

Damages for disappointment and distress are precluded by s 16(1) of the Civil Liability Act 2002 (NSW) as applied by s 275 of the Australian Consumer Law, unless the statutory threshold for non-economic loss is met, which was not the case here.

Court Disposition

appeal dismissed

Orders

  • Damages for disappointment and distress are not recoverable in this case.
  • No order as to costs.