Baxter, M. , v British Airways P.L.C. & Anor [1988] FCA 308

Baxter, M. , v British Airways P.L.C. & Anor [1988] FCA 308

The brochure was misleading in a limited respect as to Tel Aviv being an around-the-world ticket destination, breaching ss.52, 53(c) Trade Practices Act, but no actionable damage was suffered by the applicants, as their itinerary and knowledge were corrected before purchase and any subsequent losses were too remote. Injunctive or declaratory relief was unnecessary given withdrawal of the brochure and changed arrangements.

Parties
Applicant: Melanie Baxter; Applicant: Russell McIlwaine; Respondent: British Airways P.L.C.; Respondent: Qantas Airways Limited
Jurisdiction
Australia
Judgment Date
24 June 1988
Procedural Posture
Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Misleading and Deceptive Conduct, Brochure Advertising, Discretion as to Injunction, Damages, Remoteness
Trade Practices Misleading and Deceptive Conduct Brochure Advertising Discretion as to Injunction Damages Remoteness

Case Brief

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Parties

Melanie Baxter

Applicant

Russell McIlwaine

Applicant

British Airways P.L.C.

Respondent

Qantas Airways Limited

Respondent

Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 Whether brochure advertising around-the-world tickets breached the Trade Practices Act by misleading as to Tel Aviv as a destination
  2. 2 Whether any damage was sustained by the applicants
  3. 3 Whether disappointment and distress from denial of expectation of benefit aroused by the brochure is compensable

Ratio Decidendi

The brochure was misleading in a limited respect as to Tel Aviv being an around-the-world ticket destination, breaching ss.52, 53(c) Trade Practices Act, but no actionable damage was suffered by the applicants, as their itinerary and knowledge were corrected before purchase and any subsequent losses were too remote. Injunctive or declaratory relief was unnecessary given withdrawal of the brochure and changed arrangements.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicants pay one half of the costs of the respondent British Airways P.L.C. as taxed or agreed.