Kiss v Parsons [2021] NSWCATAP 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kiss v Parsons [2021] NSWCATAP 217 Hearing dates: 01 July 2021 Date of orders: 16 July 2021 Decision date: 16 July 2021 Jurisdiction: Appeal Panel Before: Cowdroy AO QC ADCJ, Principal Member G Curtin SC, Senior Member Decision: The Appeal Panel orders that: (1) The orders the Tribunal made on 30 March 2021 be set aside; (2) The Appellant is entitled to receive for its own use the full amount of any refund received from Air Canada in respect of the airfares (being $6,051.68); (3) The Appellant is entitled to receive for its own use the amount of the partial refund received from Momento Travel in the amount of $1,297; (4) The respondents are to pay, within 14 days of the date of these orders, the amount of $1,743.32 to the appellant, being the balance of the payment which the appellant has made to the respondents under the terms of the Tribunal's orders which are now set aside. Catchwords: APPEALS — consumer claim — contract by travel agent to make reservations for airline services for overseas travel, accommodation and excursions — contract frustrated — whether travel agent acted as general principal — whether travel agent personally liable to reimburse client for services Legislation Cited: Frustrated Contracts Act 1978 (NSW) Cases Cited: Air Tahiti Nui Pty Ltd v McKenzie (2009) 77 NSWLR 299; [2009] NSWCA 429 Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd (2016) 261 CLR 203; [2016] HCA 49 Cominos v Di Rico [2016] NSWCATAP 5 Flight Centre Travel Group Ltd T/A Aunt Betty v Goel [2021] NSWCATAP 44 Henry Kendall & Sons v William Lillico & Sons Ltd [1969] 2 AC 31 Universal Steam Navigation Co Ltd v McKelvie & Co [1923] AC 492 Texts Cited: Nil Category: Principal judgment Parties: Wendy Kiss (Appellant) Carolyn Mary Parsons (First Respondent) Constance Maureen Dobb (Second Respondent) Representation: Solicitors: Appellant (self-represented) Respondents (self-represented) File Number(s): 2021/00115299 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not reported Date of Decision: 29 March 2021 Before: G Meadows, Senior Member File Number(s): GEN 21/10270