EVANS AND ANOTHER v AIR CANADA

[2025] 2 Lloyd's Rep 368

HIGH COURT OF AUSTRALIA

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

Carriage of passengers by air – Contract of carriage – Standard terms and conditions – Liability rules of Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention) expressly incorporated – Defence in article 21(2) of 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).