Club Mediterranee (Australia) Pty Ltd v Rutstein [2016] NSWCATAP 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Club Mediterranee (Australia) Pty Ltd v Rutstein [2016] NSWCATAP 178 Hearing dates: 30 March 2016 Date of orders: 03 August 2016 Decision date: 03 August 2016 Jurisdiction: Appeal Panel Before: O Shub, Principal Member T Simon, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is otherwise dismissed. Catchwords: Error of law, leave, against the weight of evidence, consumer claim, associated travel expenses, cause of action, assessment of damages, adequate reasons, breach of contract. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Competition and Consumer Act 2012 (Cth) Cases Cited: Collins v Urban [2014] NSWCATAP Hadley v Baxendale (1854) 9 Exch 341 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Club Mediterranee (Australia) Pty Ltd (appellant) Edward Rutstein (respondent) Margaret Rutstein (respondent) Representation: Mr K Spies for the appellant Mr E Rutstein for the respondents File Number(s): AP 15/66862 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 23 November 2015 Before: G Meadows File Number(s): SH 15/56072