High Court Bulletin

Case [2025] HCAB 4


High Court Bulletin

[2025] HCAB 4 (27 May 2025)  

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.

Aviation Law

Evans & Anor v Air Canada ABN 29094769561

S138/2024: [2025] HCA 22

Date delivered: 14 May 2025

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…

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High Court Bulletin [2025] HCAB 4
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[2025] HCAB 4
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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.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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