Harold and Aileen Childs v Scenic Tours Pty Ltd [2014] NSWCATCD 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harold and Aileen Childs v Scenic Tours Pty Ltd [2014] NSWCATCD 128 Hearing dates: 13 December 2013 Decision date: 30 January 2014 Before: K Ross, General Member Decision: The respondent is, on or before 28 February 2014, to pay to the applicants the sum of $11,826.00 Catchwords: Compensation for tour Legislation Cited: Consumer Claims Act 1998 (NSW) Civil Liability Act 2002 (NSW) Australian Consumer Law (Cwealth)(ACL) Cases Cited: Lloyd v Scenic Tours Pty Ltd [2010] NSWCTTT 591 Category: Principal judgment Parties: Harold and Aileen Childs (Applicants) Scenic Tours Pty Ltd (Respondent) File Number(s): GEN 13-48537

reasons for decision

THE PROCEEDINGS 1The proceedings were commenced by application filed with the Tribunal on 13 September 2013. The application was listed on 29 October 2013. Both parties attended (the applicants by telephone), and conciliation was attempted, but was unsuccessful. Directions were made for the exchange of evidence and the matter adjourned for hearing. Both parties filed and served their evidence, and the matter proceeded to hearing on 13 December 2013. At the conclusion of the hearing the Tribunal reserved its decision.

THE APPLICATION 2The applicants seek an order that the respondent pay to them the sum of $14,826.00 as compensation for the failure by the respondent to provide river travel arrangements to the applicants in accordance with the itinerary provided, and for stress and disappointment. The respondent opposes the orders sought.

JURISDICTION 3The applicants are consumers, and the claim is a consumer claim, as defined by the Consumer Claims Act 1993. The contract was made in NSW. The claim has been brought within time. The trip involved inland river travel, such that the Admiralty Act does not apply. The Tribunal accordingly has jurisdiction to hear and determine the claim.