Destination Travel Pty Limited -v- Travel Compensation Fund [2000] NSWADT 12

CITATION: Destination Travel Pty Limited -v- Travel Compensation Fund [2000] NSWADT 12 DIVISION: General Division APPLICANT PARTIES: Destination Travel Pty Limited RESPONDENT Travel Compensation Fund FILE NUMBER: 003001 HEARING DATES: 06/01/2000 SUBMISSIONS CLOSED: 01/06/2000 DATE OF DECISION: 01/19/2000

BEFORE: Hennessy N (Deputy President) APPLICATION: Stay of proceedings - Travel Agents Act - Travel Compensation Fund - terminate participation in Fund - Travel Compensation Fund - terminate participation in Fund MATTER FOR DECISION: Application for stay of decision LEGISLATION CITED : Travel Agents Act 1986 CASES CITED: APPLICANT REPRESENTATION: T Howard, barrister RESPONDENT G Dellar, solicitor ORDERS: 1. The decision of the Travel Compensation Fund to terminate the applicant's participation in the fund is stayed pending further directions by the Tribunal.; 2. A condition of the above order is that the applicant operate a trust account for teh receipt of client funds and that a monthly reconciliation of that account be provided to the Travel Compensation Fund within 7 days of the end of each calendar month while this stay decision remains in force.; 3. The Travel Compensation Fund is ordered to pay the applicant's costs of this application as agreed or assessed within 28 days of that agreement or assessment.; 4. This matter is set down for a Directions Hearing on 2 March 2000.

Introduction 1 On 4 January 2000, the applicant lodged an application for an urgent stay of a decision by the Travel Compensation Fund (TCF). The decision which was made on 9 December 1999, was to terminate the applicant's membership of the TCF with effect from 14 December 1999.