Paterson v Lund atf Nenedale Family Trust t/as Kingscliff Accommodation [2024] NSWCATAP 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Paterson v Lund atf Nenedale Family Trust t/as Kingscliff Accommodation [2024] NSWCATAP 78 Hearing dates: 12 March 2024 Date of orders: 09 May 2024 Decision date: 09 May 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Burton SC, Senior Member Decision: Leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: CONSUMER LAW — failure to supply particular accommodation — offer of alternative accommodation — right to claim refund where said no benefit received — acceptance of alternative accommodation for same period — whether total failure of consideration — claim for wasted expenditure ancillary to accommodation cost — damages for distress and disappointment — assessment of damages Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64; [1991] HCA 54 Baltic Shipping Company v Dillon (1993) 176 CLR 344; [1993] HCA 4 Collins v Urban [2014] NSWCATAP 17 Hadley v Baxendale (1854) 9 Exch 341 Scenic Tours Pty Ltd v Moore [2023] NSWCA 74 Texts Cited: Nil Category: Principal judgment Parties: Stephen Laurence Paterson (First Appellant) Rosemary Anne Paterson (Second Appellant) Janene Lund atf Nenedale Family Trust t/as Kingscliff Accommodation (Respondent) Representation: Appellants (self-represented by First Appellant) Respondent (self-represented) File Number(s): 2023/00445469 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 10 November 2023 Before: S Hanstein, General Member File Number(s): 2023/00382718 (formerly GEN 23/34875)