Stephanie Young v Insight Vacations Pty Limited [2009] NSWDC 122

New South Wales District Court

CITATION: Stephanie Young v Insight Vacations Pty Limited [2009] NSWDC 122

HEARING DATE(S): 27/5/09 - 28/5/09 and 4/6/09

JUDGMENT DATE: 4 June 2009

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: See paragraphs 90-92 of Judgment

CATCHWORDS: Claim for damages by traveller arising out of breach of contract by travel company - Effect of implied warranty under s 74(1) of the Trade Practices Act, 1974 (Cth) - Exclusion of implied warranty if services rendered were recreational services - Application of S 5N of the Civil Liability Act 2002 (NSW) and consideration of definition of recreation services - Assessment of damages for non-economic loss and loss of disappointment caused by breach of contract to provide holiday.

Civil Liability Act 2002 (NSW) LEGISLATION CITED: Trade Practices Act (1974) (Cth) Civil Procedure Act 2005

Baltic Shipping Company v Dillon (1992-1993) 176 CLR 344 CASES CITED: Jarvis v Swan Tours Limited (1973) QB 233 Jackson v Horizon Holidays Limited (1975) 1WLR 1468 Hadley v Baxendale (1854) 9Ex 354

TEXTS CITED: Dominic Villa, Annotated Civil Liability Act 2002 (NSW)

PARTIES: Stephanie Young (Plaintiff) Insight Vacations Pty Limited (Defendant)

FILE NUMBER(S): 5739/08

COUNSEL: F Austin (Plaintiff) D Talintyre (Defendant)

JUDGMENT

1 The plaintiff in these proceedings, Stephanie Young, is aged 54 years. Mrs Young is a client service officer employed by the Australian Taxation Office. Mrs Young is a married woman with adult children and five grand-children.

2 In 2004 Mrs Young began planning what she described in evidence as "the trip of a life time" to Europe. In August of that year Mrs Young and her husband, Steven Young, attended a travel expo at Penrith. There they obtained travel brochures from a number of companies which offered vacations in Europe. One of the brochures was obtained from the defendant, Insight Vacations Pty Limited, trading as Insight Vacations.