A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court’s original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated
1: Summary of New Entries 2: Cases Handed Down 3: Cases Reserved 4: Original Jurisdiction 5: Section 40 Removal 6: Special Leave Granted 7: Cases Not Proceeding or Vacated 8: Special Leave Refused
1: Summary of New Entries
2: Cases Handed Down
Case
Title
Evans & Anor v Air Canada ABN 29094769561
Aviation Law
Lendlease Corporation Limited CAN 000 226 228 & Anor v David William Pallas and Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund & Anor
Civil Procedure
Babet & Anor v Commonwealth of Australia Palmer v Commonwealth of Australia
Constitutional Law
The King v Batak
Criminal Law
Brawn v The King
Criminal Practice
3: Cases Reserved
Case
Title
CD & Anor v Commonwealth of Australia
Constitutional Law
Farmer v Minister for Home Affairs & Anor
Constitutional Law
G Global 120E T2 Pty Ltd as trustee for the G Global 120E AUT v Commissioner of State Revenue
G Global 180Q Pty Ltd as trustee for the G Global 180Q AUT v Commissioner of State Revenue
Constitutional Law
Stott v The Commonwealth of Australia & Anor
Constitutional Law
CD & Anor v Director of Public Prosecutions (SA) & Anor
Statutes
Hunt Leather Pty Ltd ACN 000745960 & Anor v Transport for NSW
Hunt Leather Pty Ltd ABN 46000745960 & Ors v Transport for NSW
Torts
4: Original Jurisdiction
Case
Title
Plaintiff S15/2025 v Minister for Immigration and Multicultural Affairs
Immigration Law
Plaintiff S22/2025 v Minister for Immigration and Multicultural Affairs
Immigration Law
5: Section 40 Removal
Case
Title
6: Special Leave Granted
Case
Title
Badari & Ors v Minister for Housing and Homelands & Anor Badari & Ors v Minister for Territory Families and Urban Housing & Anor
Statutes
7: Cases Not Proceeding or Vacated
Case
Title
8: Special Leave Refused
2: Cases Handed Down
The following cases were handed down by the High Court of Australia during the May 2025 sittings.
Coram: Gageler CJ, Edelman, Steward, Gleeson and Beech-Jones JJ
Catchwords:
Aviation law – international carriage of passengers by air – Unification of Certain Rules of International Carriage by Air 1999 (”Montreal Convention”) – where appellants sought damages in Supreme Court of New South Wales for injuries allegedly suffered from turbulence on Air Canada flight from Vancouver to Australia under art 17 of Montreal Convention (incorporated into Australian law under s 9B Civil Aviation (Carriers’ Liability) Act 1959 (Cth) – where respondent pleaded it was not liable for damages exceeding “113,100 Special Drawing Rights” in accordance with art 21 of Montreal Convention – where appellants relied on rule 105(C)(1)(a) of Air Canada’s International Tariff General Rules which stipulated there were no…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
High Court Bulletin [2025] HCAB 4
Case
[2025] HCAB 4
Decision Date
CaseChat Overview and Summary
Evans & Anor v Air Canada ABN 29094769561 was a case heard by the High Court of Australia involving a dispute under aviation law. The appellants, Evans and another, sought damages in the Supreme Court of New South Wales for injuries they allegedly suffered from turbulence on an Air Canada flight from Vancouver to Australia. Air Canada argued it was not liable for damages exceeding "113,100 Special Drawing Rights" in accordance with art 21 of the Montreal Convention. The appellants relied on a rule in Air Canada’s International Tariff General Rules which stipulated there were no financial limits on compensatory damages recoverable in respect of bodily injuries. The Court of Appeal found the rule did not have the effect of waiving the defence created by art 21. The appellants appealed, arguing the Court of Appeal erred in construing the relevant articles of the Montreal Convention and in not holding the stipulation in rule 105(C)(1)(a) precluded the financial limit under art 21(2). The High Court found in favour of the appellants, holding that the Court of Appeal erred in its construction of the relevant articles and in its interpretation of rule 105(C)(1)(a). The Court held that the stipulation in rule 105(C)(1)(a) did preclude the financial limit under art 21(2) of the Montreal Convention. The decision was remitted to the Court of Appeal for further consideration in light of the High Court's findings.