Insight Vacations Pty Ltd v Young [2011] HCA 16

Insight Vacations Pty Ltd v Young [2011] HCA 16

Section 74(2A) of the Trade Practices Act does not pick up s 5N of the Civil Liability Act because s 5N does not itself limit or preclude liability. Section 5N applies only to contracts for supply of recreation services in NSW; the contract here was to be performed outside NSW. The exemption clause did not operate to exclude liability as Mrs Young was not 'occupying a motorcoach seat' when injured.

Parties
Appellant: Insight Vacations Pty Ltd t/as Insight Vacations; Respondent: Stephanie Young; Intervener: Attorney-General for the State of New South Wales
Jurisdiction
Australia
Judgment Date
11 May 2011
Procedural Posture
Appeal / Final Determination by High Court
Outcome
appeal dismissed with costs
Legal Topics
Implied Warranties, Exemption Clauses, Territorial Reach, Recreational Services, Statutory Construction
Consumer Law Contracts Negligence Statutory Interpretation Implied Warranties Exemption Clauses Territorial Reach Recreational Services +1 more

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Parties

Insight Vacations Pty Ltd t/as Insight Vacations

Appellant

Stephanie Young

Respondent

Attorney-General for the State of New South Wales

Intervener

Procedural Posture

Appeal / Final Determination by High Court

Legal Issues

  1. 1 Operation of s 74(2A) of Trade Practices Act 1974 (Cth)
  2. 2 Whether s 5N of Civil Liability Act 2002 (NSW) is picked up and applied by s 74(2A)
  3. 3 Application of Civil Liability Act to contracts performed outside NSW

Ratio Decidendi

Section 74(2A) of the Trade Practices Act does not pick up s 5N of the Civil Liability Act because s 5N does not itself limit or preclude liability. Section 5N applies only to contracts for supply of recreation services in NSW; the contract here was to be performed outside NSW. The exemption clause did not operate to exclude liability as Mrs Young was not 'occupying a motorcoach seat' when injured.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs