Evans v Air Canada

HIGH COURT OF AUSTRALIAGAGELER CJ,EDELMAN, STEWARD, GLEESON AND BEECH‑JONES JJRENAE EVANS & ANOR  APPELLANTSANDAIR CANADA  RESPONDENTEvans v Air Canada[2025] HCA 22Date of Hearing: 12 March 2025Date of Judgment: 14 May 2025S138/2024ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentationB W Walker SC with M Tanevski for the appellants (instructed by Shine Lawyers)J T Gleeson SC with G O J O’Mahoney and L G Moretti for the respondent (instructed by Norton White)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSEvans v Air CanadaAviation – Carriage of passengers by air – Contract of carriage – Where Air Canada's International Passenger Rules and Fares Tariff ("Air Canada Tariff") formed part of contract of carriage with passengers – Where defences to liability recognised by Convention for the Unification of Certain Rules for International Carriage by Air (1999) ("Montreal Convention") – Where treaty provisions given effect in domestic law – Where liability rules of Montreal Convention expressly incorporated into Air Canada Tariff – Where partial defence in Art 21(2) of Montreal Convention raised – Whether open to Air Canada to waive partial defence limiting extent of passengers' recovery of damages for bodily injury allegedly caused by turbulence experienced on flight – Whether any waiver of partial defence in Air Canada Tariff.Words and phrases – "aviation", "bodily injury", "context", "contract of carriage", "damages", "defence", "financial limit", "liability cap", "liability rules", "partial defence", "purpose", "tiers of liability", "travaux préparatoires", "treaty",...