Satyaprem Moira Gibson v Blue Bella Pty Ltd t/as Quantum Change Seminars [2015] NSWCATCD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Satyaprem Moira Gibson v Blue Bella Pty Ltd t/as Quantum Change Seminars [2015] NSWCATCD 72 Hearing dates: 18 June 2015 Decision date: 03 July 2015 Jurisdiction: Consumer and Commercial Division Before: M Eftimiou, General Member Decision: The respondent is to refund to the applicant the sum of $5,800.00 immediately. Catchwords: Section 62 ACL: Services provided within a reasonable time. Legislation Cited: Consumer Claims Act 1998; Fair Trading Act 1987; Competition and Consumer Act 2010-Schedule 2 Australian Consumer Law Category: Principal judgment Parties: Satyaprem Moira Gibson (applicant) Blue Bella Pty Ltd (respondent) File Number(s): GEN 15/29086 Publication restriction: Nil

reasons for decision 1. The applicant claims a full refund for a travel tour to Egypt on the grounds that the respondent was not able to provide the tour on the scheduled dates in 2014. 2. Both parties appeared at the hearing and advised the Tribunal that they were ready to proceed to hearing.

APPLICANTS' EVIDENCE 1. On the 15 October 2014, the applicant paid to the respondent the sum of $5,800.00 for an escorted tour to Egypt with itinerary dates being advertised as December 3-17 2014. 2. On 13 November 2014 the applicant was advised verbally by the respondent that the tour that was scheduled for 2014 was postponed until December 2015, due to two families not being able to travel in 2014. 3. Various discussions were held between the parties regarding whether the applicant would postpone her trip and travel in 2015. Discussions were also held regarding the applicant travelling in December 2014 but not on the same tour that had been advertised by the respondent. 4. The applicant now seeks a refund of money paid as she does not wish to travel with the respondent in December 2015. The respondent was not able to offer the service as promised and she should be entitled a refund of money paid.