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Moore v Scenic Tours Pty Ltd [2020] HCA 17

Keywords: consumer guarantees, Damages, personal injury, that law applies to limit or preclude liability for failure and recovery of liability as it would for breach of contract, where appellant booked holiday cruise tour supplied by the respondent, where appellant claimed damages for disappointment and distress, where New South Wales proper law of contract, where respondent breached consumer guarantees in section 60 and 61 of Australian Consumer Law (“ACL”), where section 16(1) of Civil Liability Act 2002 (NSW) ("CLA") precluded damages for non-economic loss in relation to personal injury cases unless non-economic loss at least 15% of most extreme case, where section 275 of ACL provided that where failure to comply with consumer guarantee that applies to supply of services and State law proper law of contract, where threshold in section 16(1) not reached


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