Federal Court of Australia
Trade Practices - consumer protection - change of tour
CATCHWORDS
itinerary after publication of brochure - meaning of "accept" - objective determination of terms of contract - agency - whether deposit "payment or other consideration" - whether services "materially different".
Trade Practices Act 1974 ss.58(b), 84(2).
PETER JAMES DAWSON v WORLD TRAVEL HEADQUARTERS PTY. LTD.
Nos. W.A. G21-G26 of 1980.
FISHER J.
ADELAIDE
28 November 1980.
IN THE FEDERAL COURT OF AUSTRALIA
) )
WESTERN AUSTRALIA DISTRICT REGISTRY) No. W.ALG. 21, 22, 23, 24, 25 ) and 26 of 19380
)
GENERAL DIVISION
Bil' WE LE N:
PETER JAMES DAWSON Prosecutor
- and -
WORLD TRAVEL HEADQUARTERS PROPRILTARY LIMITED
Defendant
28 November 1980
REASONS FOR _JUDGMENT
FISHER J.: This matter concerns six alleged contraventions by the
defendant of the provisions of s.58(b) of the Trade Practices Act
1974 ("the Act"). As the alleged contruventions arose out of the same transaction, differing only as to the relevant dates, it was convenient for them to be heard together. Section 58(b) 1s in the following terms: "A corporation shall not, 1n trade or commerce, accept payment or other consideration for goods or services where at the time of the acceptance it intends (a) ... (b) to supply goods or services materially different from
the goods or services in respect of which the payment or other consideration 18 accepted."
The facts which I find indicate that the alleged contraventions arose in the following circumstances, The defendant, which was admitted to be a Corporation engaging in trade or commerce at all
relevant times, operates a substantial business in the travel
industry. Essentially it arranges tours which it sells to the
public. The organisation of all of those aspects of travel and accomodation which go to make up the tours together with the prepar- ation of brochures and other advertising material comprise the "wholesalé side of a travel agency business, whilst the actual selling to the individual members of the public of the tour 1s known as the "retail" business. The defendant operates in both spheres, although it was,
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