High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HAYNE AND CALLINAN JJ
TRAVEL COMPENSATION FUND APPELLANT
AND
ROBERT TAMBREE T/AS R TAMBREE
AND ASSOCIATES & ORS RESPONDENTS
Travel Compensation Fund v Robert Tambree t/as
R Tambree and Associates [2005] HCA 69
16 November 2005
S54/2005
ORDER
1. Appeal allowed with costs.
2. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 26 February 2004 and in their place order that the appeal to that Court be dismissed with costs.
On appeal from the Supreme Court of New South Wales
Representation:
J E Marshall SC with N F Francey and M J O'Meara for the appellant (instructed by McCabe Terrill)
P B Walsh for the first respondent (instructed by Burston Cole & Co)
R E Dubler SC with H Sonmez for the second respondent (instructed by Phillips Fox)
No appearance for the third to fifth respondents
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Travel Compensation Fund v Robert Tambree T/as R Tambree & Associates
Trade Practices – Fair Trading Act – Misleading or deceptive conduct – Person who suffers loss or damage by conduct of another in contravention of Act.
Damages – Causation – Whether illegal conduct severed the chain of causation – Travel Compensation Fund established as part of national scheme for regulation of travel agents – Fund compensated members of the public who suffered loss by reason of an act or omission of a travel agent – Travel Shop International ("TSI") was a participant in the Fund – Financial statements of TSI prepared by first respondent and audited by second respondent in support of TSI's continued participation in the Fund – Appellant acted in reliance on information about the financial position of TSI – Respondents knew of such reliance – Respondents negligent and engaged in misleading or deceptive conduct in preparing and auditing the financial statements of TSI – Unlawful trading by TSI a cause of the damage suffered by the appellant.
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