Snowtime Tours Pty Ltd v Rundle [2022] NSWCATAP 253

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Snowtime Tours Pty Ltd v Rundle [2022] NSWCATAP 253 Hearing dates: 21 February 2022 Date of orders: 1 August 2022 Decision date: 01 August 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member P Durack SC, Senior Member Decision: (1) Leave to appeal is refused; (2) The appeal is dismissed. Catchwords: CONSUMER LAW – frustration – ss12 & 13 Frustrated Contracts Act – whether the correct test was applied – challenge to finding that lockdown was not foreseeable - application for leave to appeal – whether there was significant new evidence not reasonably available at the time the proceedings were dealt with – leave to appeal not granted where Tribunal's conclusion no more than arguably wrong. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Frustrated Contracts Act 1978 (NSW) Public Health Act 2010 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Bank Line v Arthur Capel & Co [1919] A.C.435 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Collins v Urban [2014] NSWCATAP 17 Krell v Henry [1903] 2 KB 740 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Woods v Multi-Sport Holdings Pty Ltd [2002] HCA 9; 208 CLR 460; 186 ALR 145; 76 ALJR 483 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: None cited Category: Principal judgment Parties: Snowtime Tours Pty Ltd (Appellant) Charles Rundle (Respondent) Representation: A Doig, Director (Appellant) Respondent (Self Represented) File Number(s): 2021/00319067 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 October 2021 Before: S De Jersey, General Member File Number(s): GEN 21/34659