Constantinos Adamopoulos v Olympic Airways SA

In the Supreme Court of New South Wales Court of Appeal, Constantinos Adamopoulos (the appellant) brought proceedings against Olympic Airways SA (the respondent). The dispute concerned the respondent's alleged breach of contract in failing to provide the appellant with a seat on a flight from Sydney to Athens, despite the appellant holding a confirmed booking. The appellant sought damages for the loss he allegedly suffered as a result of this failure.

The central legal issue before the Court of Appeal was whether the respondent had breached its contractual obligations to the appellant by denying him a seat on the flight. This involved determining the nature of the contract between the parties, specifically whether the respondent's issuance of a confirmed booking constituted a binding contractual promise to provide carriage, and if so, what damages were recoverable for its breach.

The Court of Appeal found that the issuance of a confirmed booking by Olympic Airways SA created a binding contract with the appellant. It held that the respondent had breached this contract by failing to provide the appellant with a seat on the flight. The Court further determined that the appellant was entitled to recover damages for the loss he suffered as a direct consequence of this breach, including the cost of an alternative flight and any other reasonably foreseeable expenses incurred due to the respondent's failure to perform its contractual obligation. The appeal was allowed, and the matter was remitted for assessment of damages.