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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • School Negligence
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Travel breach of contract – can I claim for disappointment?

Travel – breach of contract – can I claim for distress and disappointment?

Paradise

In Baltic Shipping Company v Dillon (1993) 176 CLR 344, the High Court distilled the law in Australia for claims for compensation for non economic loss such as stress and disappointment or injured feelings where a provider of holiday products breached their contract with the holiday maker.

The Court recognised that there were entitlements to damages for ‘non-economic loss’ where the subject matter of the contract was for the provision of pleasure and enjoyment. Those losses included damages for injured feelings, damages for pain and suffering, damages for vexation and discomfort, damages for distress, vexation and frustration, and distress and disappointment. The Court distinguished those losses from the pure financial measure of the actual value of the lost benefit. Such damages were in the Court’s view consequential losses from a breach of contract and compensable where reasonably foreseeable as the result of the breach.

Paradise Lost

In a string of NSW Supreme Court and Court of Appeal cases in 2010 an 2011 – Insight Vacations Pty Ltd v Young [2010] NSWCA 137; New South Wales v Corby [2010] NSWCA 27; and Flight Centre v Louw [2011] NSWSC 132 – non-economic losses such as distress and disappointment were found to be captured by the definition of ‘personal injury’ under section 11 of the Civil Liability Act 2002 (‘CLA’) as an “impairment of a person’s physical or mental condition” regardless of whether the claim was brought in tort, in contract, under statute or otherwise (section 11A(2) CLA).

As such in NSW, mere injured feelings, distress and disappointment, in the absence of a physical injury and consequential to it, were not compensable given the restrictions imposed under section 31 CLA in that the liability to pay damages for mental harm arises only where the harm consists of a recognised psychiatric illness. Moreover, the threshold under section 16 requiring that the injury exceed 15% of a most extreme case before any damages were payable for non-economic loss meant any claim for mere injured feelings was doomed.

Paradise Found

The High Court’s decision in Moore v Scenic Tours Pty Ltd [2020] HCA 17 delivered 24 April 2020 has enlivened claims for damages for non-economic loss for injured feelings for breach of consumer warranties under the Australian Consumer Law and for breach of contract in cases where the subject matter of the contract was pleasure and enjoyment such as holiday contracts. The Court rejected the contention that injured feelings were a mental impairment and thus came within the definition of ‘personal injury’ for the purposes of the CLA.

Mr Moore’s case was a representative action brought in the Supreme Court of New South Wales in respect of a luxury river cruise holiday promising a 14 day cruise aboard the Scenic Jewel from Amsterdam to Budapest. The cruise was severely disrupted by adverse weather conditions that resulted in high water levels preventing the passing of the vessel under various bridges. Mr Moore was promised a “once in a lifetime cruise” in “all inclusive luxury”. Instead Mr Moore spent two days in all cruising, changing ship twice and the rest on coaches and in hotel rooms. There was no dispute by scenic as to the payment of damages in respect to the loss of value of the holiday. The primary issue for determination was whether there was an entitlement at law for Mr Moore to be compensated for his injured feelings, physical inconvenience, distress and disappointment.

The Court found that non-economic loss damages were payable as a form of expectation damages where the injured feelings were a natural consequence of the breach. The Court distinguished this species of damages for non-economic loss from pain and suffering which arises as a consequence of a physical injury or psychiatric illness and which is caught by the CLA. The Court was also at pains to point out that the CLA concerned claims for personal injury and that section 11A was ‘an anti-avoidance provision designed to ensure that a claimant cannot avoid the restrictions in Pt 2 by bringing their claim for damages consequential upon physical injury as a claim in contract or under statute.”

If your holiday plans have been disrupted due to COVID-19, we would be willing to talk with you in an obligation-free consultation. You can click here to book an appointment or call us on (02) 4050 0330 to discuss your options.

 

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