Section 74(2A) of the Trade Practices Act 1974 (Cth) picks up only State laws that directly limit or preclude liability for breach of the implied warranty of due care and skill under s 74(1); it does not pick up State laws such as s 5N of the Civil Liability Act 2002 (NSW) that merely authorise contractual terms to exclude or limit such liability. Contractual exclusion clauses purportedly authorised by such State laws remain void under s 68 of the Trade Practices Act. Damages for disappointment arising from inability to enjoy a holiday due to personal injury constitute non-economic loss (as pain and suffering or loss of amenities) subject to the constraints of s 16 of the Civil Liability Act, and cannot be awarded as a separate head of damage outside those constraints.
The full text is available to signed-in members, including the 26 later cases that cite this judgment.
5 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.