EVANS AND ANOTHER v AIR CANADA

[2025] Lloyd's Rep. Plus 77

HIGH COURT OF AUSTRALIA

Before Chief Justice Gageler , Justice Edelman , Justice Steward , Justice Gleeson and Justice Beech-Jones

Carriage of passengers by air – Contract of carriage – Standard terms and conditions – Liability rules of Montreal Convention expressly incorporated – Defence in article 21(2) of Convention for the Unification of Certain Rules for International Carriage by Air (1999) (Montreal Convention) – Waiver of defence limiting extent of passengers’ recovery of damages for bodily injury allegedly caused by turbulence –Montreal Convention, articles 17, 21, 25 – Civil Aviation (Carriers’ Liability) Act 1959 (Cth).