Ueda & anor v Ecruising Pty Ltd and Southern Cross Safaris Australia Pty Ltd [2014] NSWCATCD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ueda & anor v Ecruising Pty Ltd and Southern Cross Safaris Australia Pty Ltd [2014] NSWCATCD 30 Hearing dates: 28 August and 10 December 2013 Decision date: 19 March 2014 Jurisdiction: Consumer and Commercial Division Before: D Sheehan, General Member Decision: 1. The first respondent is to pay the applicant Judith Janet Ueda the sum of $2,640.00 on or before 2 April 2014. 2. The first respondent is to pay the applicant Masahiro Ueda the sum of $2,640.00 on or before 2 April 2014. 3. The second respondent is to pay the applicant Judith Janet Ueda the sum of $270.00 on before 2 April 2014. 4. The second respondent is to pay the applicant Masahiro Ueda the sum of $270.00 on or before 2 April 2014. 5. The remainder of the applications against the both respondents are dismissed for the reasons below. Catchwords: Australian Consumer Law, supply of services - misleading conduct or representation - quantification of loss Legislation Cited: Consumer Claims Act 1998 Civil Liability Act 2002 Competition and Consumer Act (Cwth) 2010 Fair Trading Act 1987 Cases Cited: Flight Centre v Janice Louw [2011] NSWSC 132 Guriguis v World Mark South Pacific Club [2011] NSWCTTT 288 Hazell v Flight Centre Norwest [2011] NSW CTTT 540 Henville v Walker [2001] HCA 52; 206 CLR 459 Insight Vacations Pty Ltd v Young [2010] NSWCA 137 Leggett v Wyndham Vacation Resorts Asia Pacific Pty Ltd [2013] NSWCTTT 539 Patel v Malaysian Airlines Australia Ltd (No 2) [2011] NSWDC 4 Zreika v State of New South Wales [2009] NSWC 99 Category: Principal judgment Parties: Judith Janet Ueda & Masahiro Ueda (Applicants) Ecruising Pty Ltd (First Respondent) Southern Cross Safaris Australia Pty Ltd (Second Respondent) Representation: Judith Janet Ueda & Masahiro Ueda (Applicants in person) Mr Brett Dudley, director, for the (First Respondent) Mr Martin Edwards, general manager, for the (Second Respondent) File Number(s): GEN 13/41095 GEN 13/41110