Evans v Air CanadaCitation:[2025] HCA 22Before:Gageler CJ, Edelman, Steward, Gleeson, Beech-Jones JJDate:14 May 2025Case Number:S138/2024Read more

Evans v Air CanadaCitation:[2025] HCA 22Before:Gageler CJ, Edelman, Steward, Gleeson, Beech-Jones JJDate:14 May 2025Case Number:S138/2024Read more

Air Canada did not waive the partial defence under Article 21(2) of the Montreal Convention in its Tariff; therefore, the limitation on damages for bodily injury applies to the applicant's claim.

Parties
Applicant: Evans; Respondent: Air Canada
Jurisdiction
Australia
Judgment Date
14 May 2025
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Carriage by Air, Liability for Bodily Injury, Treaty Interpretation, Damages Limitation, Waiver of Defences
Aviation Law Contract Law International Law Carriage by Air Liability for Bodily Injury Treaty Interpretation Damages Limitation Waiver of Defences

Case Brief

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Parties

Evans

Applicant

Air Canada

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Air Canada Tariff incorporated Montreal Convention liability rules
  2. 2 Whether Air Canada could waive partial defence under Article 21(2) of Montreal Convention
  3. 3 Extent of passengers' recovery for bodily injury caused by turbulence

Ratio Decidendi

Air Canada did not waive the partial defence under Article 21(2) of the Montreal Convention in its Tariff; therefore, the limitation on damages for bodily injury applies to the applicant's claim.

Court Disposition

claim dismissed

Orders

  • Applicant's claim for unlimited damages is dismissed.
  • Damages recoverable are subject to the limitation in Article 21(2) of the Montreal Convention.