Evans & Anor v Air Canada ABN 29094769561

The applicants, Evans and another, brought proceedings against Air Canada ABN 29094769561 in the High Court of Australia. The dispute concerned the proper interpretation and application of certain provisions of the *Civil Aviation (Carriers' Liability) Act 1959* (Cth) and the *Civil Aviation (Carriers' Liability) Regulations 1991* (Cth), specifically in relation to the carriage of passengers by air and the liability of carriers for death or bodily injury.

The central legal issue before the High Court was whether the applicants, as passengers on a flight operated by Air Canada, were entitled to claim damages for death or bodily injury sustained during the carriage, notwithstanding the provisions of the *Montreal Convention* which had been incorporated into Australian domestic law. The court was required to determine the interplay between the domestic legislation and the international convention, particularly concerning the definition of "carrier" and the scope of liability.

The High Court's reasoning focused on the legislative framework governing air carrier liability in Australia. Their Honours considered the historical context of the *Civil Aviation (Carriers' Liability) Act 1959* and its subsequent amendments, as well as the obligations imposed by the *Montreal Convention*. The court analysed the definition of "carrier" within the domestic legislation and concluded that it encompassed entities such as Air Canada. Furthermore, the court determined that the domestic legislation provided a framework for claims arising from death or bodily injury, and that the *Montreal Convention*, while setting certain limits and conditions, did not preclude such claims under the Australian statutory scheme. The principles of statutory interpretation, particularly in relation to the harmonious operation of domestic and international law, were central to the court's determination.

The High Court dismissed the appeal, finding in favour of the applicants.