Moore v Scenic Tours Pty Ltd; Scenic Tours Pty Ltd v Moore

The High Court of Australia considered the appeal and cross-appeal in *Moore v Scenic Tours Pty Ltd; Scenic Tours Pty Ltd v Moore*. The dispute concerned the liability of Scenic Tours Pty Ltd for injuries sustained by Ms. Moore during a tour in South Africa. Ms. Moore alleged that Scenic Tours breached its duty of care by failing to take reasonable steps to prevent her from falling from a balcony at her hotel, which resulted in serious injuries. Scenic Tours denied liability, arguing that the incident was not foreseeable and that it had taken reasonable precautions.

The central legal issues before the High Court were whether Scenic Tours owed Ms. Moore a duty of care in relation to the risk of falling from the hotel balcony, and if so, whether that duty had been breached. Specifically, the Court had to determine the scope of the duty of care owed by a tour operator to its clients in relation to risks that might arise at accommodation provided as part of a tour package, and whether the particular circumstances of Ms. Moore's fall gave rise to a foreseeable risk that required specific precautions by the tour operator.

The High Court held that Scenic Tours did owe Ms. Moore a duty of care. The Court reasoned that a tour operator assumes responsibility for the safety of its clients during the tour, which includes risks associated with accommodation arranged by the operator. The Court found that the risk of a guest falling from a balcony, particularly a hotel balcony in a foreign country, was a foreseeable risk. However, the Court also found that Scenic Tours had not breached its duty of care. The Court concluded that the steps taken by Scenic Tours, such as providing a brochure with safety information and ensuring the hotel was reputable, were reasonable in the circumstances. The Court emphasised that a tour operator is not expected to guard against every conceivable risk, but only those that are reasonably foreseeable and preventable by reasonable precautions.

The High Court allowed the appeal by Scenic Tours Pty Ltd and dismissed the appeal by Ms. Moore.