Baxter, M. , v British Airways P.l.c

The case of Baxter v British Airways P.l.c. involved a dispute over the airline’s advertising of around-the-world air tickets. The plaintiffs alleged that the airline engaged in misleading and deceptive conduct by advertising Tel Aviv as a destination when, in reality, it was impossible to fly there. The case was heard by the Federal Court of Australia.

The primary legal issue before the court was whether the airline's brochure was likely to mislead consumers into taking a step to their disadvantage. Specifically, the court needed to determine if the brochure was misleading and whether there was any damage to the plaintiffs that could be attributed to this misleading conduct. The court also needed to consider the airline's admission of breach and the appropriate remedy, including whether an injunction was warranted and if the disappointment and distress felt by the plaintiffs was sufficient to constitute damage.

The court found that while the brochure was indeed misleading, the plaintiffs had not suffered any tangible damage. They were informed of the inability to fly to Tel Aviv before purchasing their tickets, and therefore, could not claim any detriment from the misleading information. The court exercised its discretion and dismissed the application for an injunction. Given that no damage was proven, the court also held that any emotional distress experienced by the plaintiffs was too remote to be considered sufficient damage. The court made an appropriate order for costs, ruling that the plaintiffs should pay half of the costs incurred by British Airways P.l.c., as per the relevant provisions of the Federal Court Rules.