MOORE v SCENIC TOURS PTY LTD

[2021] Lloyd's Rep. Plus 43

HIGH COURT OF AUSTRALIA

Before Chief Justice Kiefel, Justice Bell, Justice Gageler, Justice Keane, Justice Nettle, Justice Gordon and Justice Edelman

Damages – Consumer guarantees – Personal injury – Appellant having booked holiday cruise tour supplied by respondent – Cruise disrupted by adverse weather conditions – Respondent breached consumer guarantees – Damages for disappointment and distress – Whether Civil Liability Act precluded damages for disappointment and distress not consequential upon physical or psychiatric injury – Competition and Consumer Act 2010 (Cth), Schedule 2 (the Australian Consumer Law), sections 60, 61, 267 and 275 – Civil Liability Act 2002 (NSW), sections 3, 11, 11A, 16 and 16(1).