Allianz Australia Insurance Ltd v Viksne [2021] NSWCA 268

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[32]

In the matter of Lysaght Civil Products Pty Ltd [2021] NSWSC 1459

1. On 24 April 2020, the High Court allowed the appeal by Mr Moore: Moore v Scenic Tours Pty Ltd (2020) 268 CLR 326; [2020] HCA 17 (“the High Court’s judgment”).

2. The High Court held that Mr Moore and the group members were entitled to damages for distress and disappointment pursuant to s 267(4) of the ACL and that s 16 of the CLA does not affect Scenic’s liability to Mr Moore in respect of his claim for damages for disappointment and distress.