Great Wall Travel Services Pty Ltd v Lai [2021] NSWCATAP 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Great Wall Travel Services Pty Ltd v Lai [2021] NSWCATAP 64 Hearing dates: 19 January 2021 Date of orders: 19 March 2021 Decision date: 19 March 2021 Jurisdiction: Appeal Panel Before: AD Suthers, Principal Member AR Boxall, Senior Member Decision: The Tribunal orders that: (1) The appeal is allowed; and (2) The orders of the Tribunal made on 17 September 2020 are set aside. (3) The application is remitted to the Tribunal for determination according to law. Catchwords: APPEAL – consumer claim – travel cancelled during COVID 19 pandemic – nature of relationship of travel agent with customer – error of law Legislation Cited: Australian Consumer Law (NSW), ss 60, 61, 267, 268 and 269 Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020, ss 5, 6 and 7 Civil and Administrative Tribunal Rules 2014, r 25(4)(c) Fair Trading Act 1987, ss 28, 79D, 79E, 79K and 79NA Cases Cited: Air Tahiti Nui Pty Limited v McKenzie [2009] NSWCA 429 Flight Centre Travel Group Limited T/A Aunt Betty v Goel [2021] NSWCATAP 44 Moore v Scenic Tours Pty Ltd [No 2] [2017] NSWSC 733 Texts Cited: Nil Category: Principal judgment Parties: Great Wall Travel Services Pty Ltd (Appellant) Kuei-Han Lai (Respondent) Feng Yenshueh Lai (Respondent) Representation: C Chen (Appellant) D Lai (Respondent) File Number(s): 2020/00371092 (AP 20/43261) Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal New South Wales Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 17 September 2020 Before: P French, General Member File Number(s): GEN 20/16557