Full Court Minute Books

Case S285/2019

Moore v. Scenic Tours Pty Ltd

Case No.


Case Information

Lower Court Judgment

24/10/2018 Supreme Court of New South Wales (Court of Appeal) (Payne JA, Sackville AJA, Barrett AJA)

[2018] NSWCA 238


Consumer protection – Disappointment and distress damages – Where representative proceedings brought on behalf of passengers who paid for and travelled on European river cruises supplied by respondent – Where number of cruises seriously disrupted by high water levels on rivers – Where seeking compensation for loss of value and damages for disappointment and distress – Whether s 275 of Australian Consumer Law (“ACL”) operates to apply s 16 of Civil Liability Act 2002 (NSW) as Commonwealth law to direct court exercising federal jurisdiction in how to fix damages under s 267(4) of ACL for breach of statutory guarantees in ss 60 and 61 of ACL – Whether s 16 limited to cases where tort claim governed by NSW law or death or injury suffered in NSW – Whether claim under s 267(4) for damages for disappointment and distress constituted claim governed by s 16.

Short particulars


13/09/2019 Hearing (SLA, Sydney)

24/09/2019 Notice of appeal

24/09/2019 Notice of constitutional matter (Appellant)

01/11/2019 Written submissions (Appellant)

01/11/2019 Chronology (Appellant)

29/11/2019 Written submissions (Respondent)

11/12/2019 Amended Notice of constitutional matter (Appellant)

19/12/2019 Reply

11/02/2020 Hearing (Full Court, Canberra) (Audio-visual recording)

11/02/2020 Outline of oral argument (Appellant)

11/02/2020 Outline of oral argument (Respondent)

24/04/2020 Judgment (Judgment summary)