Australian National Airlines Commission v Cassidy

Australian National Airlines Commission (ANAC) appealed to the High Court of Australia against a judgment of the Supreme Court of Victoria which had awarded damages to Mr. Cassidy for injuries sustained while he was a passenger on a flight operated by ANAC. The dispute concerned the extent of ANAC's liability for the injuries suffered by Mr. Cassidy.

The High Court was required to determine whether the injuries sustained by Mr. Cassidy were caused by the negligence of ANAC, and if so, the quantum of damages to be awarded. Specifically, the court considered whether the circumstances of the flight, including the actions of the pilot and the condition of the aircraft, constituted a breach of ANAC's duty of care to its passengers.

The court found that the evidence established that the aircraft had encountered severe turbulence, which was not an inherent risk of air travel that passengers were expected to accept without recourse. It was held that ANAC had failed to take reasonable precautions to avoid the foreseeable risk of injury to passengers from such turbulence, particularly in relation to the securing of loose articles within the cabin. The principles of negligence, requiring a duty of care, breach of that duty, and resulting damage, were applied. The court affirmed the finding of liability against ANAC.

The appeal was dismissed, and the judgment of the Supreme Court of Victoria in favour of Mr. Cassidy was upheld.