Yan Tun Wu; Dong Fang Chen; Feng Wei Li; Lei Wang; Wei Kang Jiang; Hong Lian Zhu; Zhi Fen Adele Dai; Shao Hua Chen v Great Wall Travel Service Pty Ltd [2014] NSWCATCD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yan Tun Wu; Dong Fang Chen; Feng Wei Li; Lei Wang; Wei Kang Jiang; Hong Lian Zhu; Zhi Fen Adele Dai; Shao Hua Chen v Great Wall Travel Service Pty Ltd [2014] NSWCATCD 50 Hearing dates: 24 February 2014 Decision date: 15 April 2014 Before: J Levingston, General Member Decision: All of the applications are to be heard together and the evidence in each is evidence in the others. Mr Boyle is granted leave to appear for the respondent. The respondent is to pay the following sums within 28 days of these reasons to each applicant: a.the sum of US$100.00 per person in the applicant's family group converted to A$ at the Exchange Rate published by the Reserve Bank of Australia on 2 April 2014; b.the sum of US$60.00 per person in the applicant's family group participated in the West Coast Tour converted to A$ at the Exchange Rate published by the Reserve Bank of Australia on 2 April 2014. Each of the applicants participating on the West Coast Tour is to allow a credit of the sum already received from the respondent in respect of the West Coast Tour. The parties in each matter are to file consent short minutes in the Tribunal on or before 22 April 2014 to give effect to orders 3 and 4 by identifying the total sums to be paid to each of the applicants. If the parties are unable to agree on the amounts for order 3, each party is to file written submissions with the Tribunal Registry no later than 4:00pm on 22 April 2014 with calculations in support of the amount asserted by that party, and any dispute will be determined on the papers without a further oral hearing. Catchwords: Tour group, land travel services provided by respondent travel agent, services provided overseas, economic loss, damages for breach of guarantee, non-economic loss, disappointment damages, civil liability legislation not apply to injury suffered overseas Legislation Cited: Australian Consumer Law 2010 (NSW) ss 13, 60, 61, 64, 64A & 236 Civil and Administrative Tribunal Act 2013 (NSW) ss 38 & 45 Civil and Administrative Tribunal Rules 2014 (NSW) rr 31 & 32 Civil Liability Act 2002 (NSW) ss 5N, 16 Consumer Claims Act 1998 (NSW) ss 3, 3A, 4 & 7 Fair Trading Act 1987 (NSW) s 28 Trade Practices Act 1974 (Cth) s 74 (repealed) Cases Cited: Biggin & Co. Limited v Permanite Limited (1951) 1 KB 422 Callaghan v William C Lynch Pty Limited (1962) NSWR 871 Calvin v Carr [1979] UKPC 1; [1980] AC 574 Enzed Holdings Ltd v Wynthea Pty Ltd [1984] FCA 373; FCR 450 Flight Centre v Janice Louw [2011] NSWSC 132 Greyhound Racing NSW v Cessnock & District Agricultural Association [2006] NSWCA 333 Henville v Walker [2001[ HCA 52; 206 CLR 457 I & L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd [2002] HCA 41; 210 CLR 109