Federal Court of Australia
CATCHWORDS
Trade Practices - misleading and deceptive conduct - brochure advertising around-the-world air tickets - inability to fly to Tel Aviv though mentioned as a destination in the brochure - situation made clear before ticket purchased - effect of admission of breach by airline - question for the court whether brochure likely to mislead someone into taking a step to his disadvantage - discretion as to injunction - whether any damage sustained - whether disappointment and distress from denial of expectation of benefit aroused by brochure was sufficient - remoteness - measure stated in Gates' case - application dismissed - appropriate costs order where breach of Act but no damage.
Trade Practices Act, 1974, ss.52, 53, 82.
MELANIE BAXTER AND RUSSELL MCILWAINE v. BRITISH AIRWAYS P.L.C. D QANTAS A AYS LIMITED NO. G. °
Burchett J. Sydney 24 June 1988
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G. 350 of 1986 ) )
GENERAL DIVISION
BETWEEN:
MELANIE BAXTER and RUSSELL McILWAINE
Applicants AND
BRITISH AIRWAYS P.L.C. and
QANTAS AIRWAYS LIMITED
Respondents
MINUTE OF ORDER OF THE COURT
Judge Making Order: Burchett J. Where Made: Sydney
Date of Order: 24 June 1988
THE COURT ORDERS THAT:
(1) (2)
The application be dismissed.
The applicants pay one half of the costs of the respondent British Airways P.L.C. as taxed or agreed.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G. 350 of 1986 )
GENERAL DIVISION )
BETWEEN:
MELANIE BAXTER and RUSSELL McILWAINE
Applicants AND
BRITISH AIRWAYS P.L.C. and
QANTAS AIRWAYS LIMITED
Respondents
REASONS FOR JUDGMENT
BURCHETT J.
This case is concerned with the complexities of bookings for air travel. Some years ago, the respondents jointly put out a glossy brochure the cover of which bore the emblems of British Airways and Qantas (as I shall call them), together with the statement:
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