Baltic Shipping Company v Dillon

The parties in this appeal before the High Court of Australia were the Baltic Shipping Company, the appellant, and Joan Norma Dillon, the respondent. The dispute concerned the enforceability of certain limitation provisions within a contract for a cruise. The appellant argued that these provisions limited their liability for the respondent's injuries sustained during the cruise.

The central legal issue before the High Court was whether the terms and conditions referred to in a brochure, which included limitation provisions, formed part of the contract between the parties. Specifically, the court had to determine if the respondent had agreed to be bound by these terms, particularly in light of the information provided in the brochure and the circumstances under which it was given to her daughter-in-law.

The court considered the content of the brochure, which stated that all bookings were subject to CTC Cruises' terms and conditions, and that payment of a deposit constituted agreement to these terms. It also noted a recommendation for passengers to take out travel insurance. The High Court's reasoning would have focused on whether these statements, and the availability of the full terms and conditions on request, were sufficient to bring the limitation provisions to the attention of the respondent and establish her agreement to them, thereby forming a binding contract.