Moore v Scenic Tours Pty Ltd [2020] HCA 17

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

DAVID MOORE APPELLANT

AND

SCENIC TOURS PTY LTD RESPONDENT

Moore v Scenic Tours Pty Ltd [2020] HCA 17 Date of Hearing: 11 February 2020 Date of Judgment: 24 April 2020 S285/2019

ORDER

1. Appeal allowed.

2. Set aside order 5 of the orders made by the Court of Appeal of the Supreme Court of New South Wales on 24 October 2018 and reinstate the primary judge's order of damages for disappointment and distress pursuant to s 267(4) of the Australian Consumer Law and for pre‑judgment interest thereon, and further order that Scenic Tours Pty Ltd pay to Mr Moore post-judgment interest under s 101 of the Civil Procedure Act 2005 (NSW).

3. Set aside order 8 of the orders made by the Court of Appeal of the Supreme Court of New South Wales on 24 October 2018 and remit to the primary judge the question of whether group members may recover damages for disappointment and distress.

4. Vary order 14 of the orders made by the Court of Appeal of the Supreme Court of New South Wales on 7 December 2018, with reference to the Agreed Common Questions and Answers filed on 7 November 2018, as follows:

(a) Vary the last paragraph of A15 by deleting the words "however, there is no entitlement under that provision to any damages for distress or disappointment" and substituting "which damages may include disappointment and distress suffered by reason of the defendant's failure to comply with the guarantees".

(b) Vary A17 by substituting "No".

5. Set aside order 13 of the orders made by the Court of Appeal of the Supreme Court of New South Wales on 24 October 2018 and remit the question of the costs of that appeal to that Court for reconsideration.

6. Scenic Tours Pty Ltd pay Mr Moore's costs of the appeal and of the application for special leave to appeal.