Mrs. Cameron, an airline passenger representing herself and other airline passengers, claimed that she and others suffered losses or damages because of Qantas Airlines' actions when the airline assigned them smoking seats on international flights after they had specifically requested non-smoking seats. Mrs. Cameron claimed that she suffered bronchitis and that Qantas’ policy of permitting smoking on its aircraft constituted unconscionable conduct in violation of the Trade Practices Act 1974 (Act). The Court granted Mrs. Cameron liberty to re-plead her claim with more precision, but she ultimately failed on her unconscionable conduct claim, as well as on her claims of negligence, and, with the exception of one member of the group, misleading and deceptive conduct in violation of the Act. In the present proceeding, the court only required Mrs. Cameron to pay for 75 percent of Qantas’ costs because the proceeding did serve the public interest insofar as it established that Qantas owed its passengers a duty of care that included providing a warning to travelers with medical conditions of the risks of exposure to environmental tobacco smoke on its international flights.
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
Mrs. Cameron, an airline passenger representing herself and other airline passengers, claimed that she and others suffered losses or damages because of Qantas Airlines' actions when the airline assigned them smoking seats on international flights after they had specifically requested non-smoking seats. Mrs. Cameron claimed that she suffered bronchitis and that Qantas’ policy of permitting smoking on its aircraft constituted unconscionable conduct in violation of the Trade Practices Act 1974 (Act). The Court granted Mrs. Cameron liberty to re-plead her claim with more precision, but she ultimately failed on her unconscionable conduct claim, as well as on her claims of negligence, and, with the exception of one member of the group, misleading and deceptive conduct in violation of the Act. In the present proceeding, the court only required Mrs. Cameron to pay for 75 percent of Qantas’ costs because the proceeding did serve the public interest insofar as it established that Qantas owed its passengers a duty of care that included providing a warning to travelers with medical conditions of the risks of exposure to environmental tobacco smoke on its international flights.