Gem Ezy Flights Pty Ltd v Gribble [2021] NSWCATAP 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gem Ezy Flights Pty Ltd v Gribble [2021] NSWCATAP 76 Hearing dates: 18 March 2021 Date of orders: 25 March 2021 Decision date: 25 March 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member AR Boxall, Senior Member Decision: (1) Leave is given to the Appellant to be legally represented on condition that no legal costs may be recovered by that party in the appeal. (2) The appeal is dismissed. (3) The stay of the order made on 23 December 2020 in proceedings GEN 20/42668 is terminated. Catchwords: APPEAL – consumer claim – international tour cancelled during COVID-19 pandemic – whether contract frustrated – consequences of frustration of the contract - error of law Legislation Cited: Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 (Cth), ss 5, 6 and 7 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Frustrated Contracts Act 1987 (NSW), ss 5, 6, 12 and 13 Cases Cited: Flight Centre Travel Group Limited T/A Aunt Betty v Goel [2021] NSWCATAP 44 Great Wall Travel Services Pty Ltd v Lai [2021] NSWCATAP 64 Ryan v Gem Ezy Flights Pty Ltd [2020] NSWCATCD Texts Cited: None cited Category: Principal judgment Parties: Gem Ezy Flights Pty Ltd (Appellant) Lynn Gribble (Respondent) Representation: Counsel: C Liedermann (Appellant)