Webb v Flight Centre Travel Group Limited [2021] NSWCATCD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v Flight Centre Travel Group Limited [2021] NSWCATCD 31 Hearing dates: 8 April 2021 Date of orders: 13 May 2021 Decision date: 13 May 2021 Jurisdiction: Consumer and Commercial Division Before: P Thew, General Member Decision: The application is dismissed. The Tribunal NOTES that the Respondent stated during the hearing that the Applicant has available to him a credit with the Respondent to the full value of the amount that he paid to the Respondent that he can use within 24 months from the date of having made that payment and that the tickets are transferrable. Catchwords: CONSUMER LAW — Consumer guarantees — Supply of services — Guarantee as to due care and skill Legislation Cited: Australian Consumer Law, schedule 2 to the Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Category: Principal judgment Parties: David Webb (Applicant) Flight Centre Travel Group Limited (Respondent) File Number(s): GEN20/47940 Publication restriction: Nil

REASONS FOR DECISION 1. On 16 November 2020 the Tribunal received an application made by Mr David Webb (the Applicant) against Flight Centre Travel Group Limited (the Respondent). In the Application the Applicant sought an order for compensation in the sum of $4233.48 that he claimed by way of reimbursement for the deposit paid for two air travel tickets that he states in his Application he purchased through the Respondent as agent for Air Canada. 2. The matter was listed for a final hearing on 8 April 2021. During this hearing (by telephone) the Applicant was self represented and the Respondent was represented by Ms White. 3. The Applicant has not specified in his material which legislative provisions he relies upon but said during the hearing, upon questioning by the Presiding Member, that he asserted that the Respondent had failed to meet the obligation of due care and skill. This obligation is contained in within section 60 of the Australian Consumer Law (the ACL), at Schedule 2 to the Competition and Consumer Act 2010 (Cth), dealt with below.