Re-Sinking the 'Mikhail Lermontov': Whither Baltic Shipping distress and disappointment damages in the age of limitations on claims for non-economic loss?
Published 2019-09-11
Keywords
- The 'Mikhail Lermontov',
- distress and disappointment damages,
- consumer guarantee,
- Civil Liability Act 2002 (NSW),
- breach of contract
- personal injury claim,
- personal injury damages,
- non-economic loss,
- Australian Consumer Law,
- Athens Convention 1974,
- 2002 Protocol to the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea 1974,
- limitation of liability ...More
Abstract
In this article, the authors discuss the limitations placed upon awards of damages for non-economic loss for personal injury claims, going back to the case Baltic Shipping Co v Dillon (1993) 176 CLR 344 for a start. The authors emphasise the distinction made in that case between distress and disappointment damages that are the direct result of a contractual breach, and those that are consequent upon physical injury or inconvenience caused by a breach, with both being held to be recoverable. The authors also discuss the Civil Liability Act 2002 (NSW), the cases Insight Vacations [2010] NSWCA 137, Flight Centre v Louw (2011) 78 NSWLR 656, and Scenic Tours Pty Ltd v Moore [2018] NSWCA 238, and possible adoption of the Athens Convention 1974 and 2002 Protocol by Australia.