Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
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.