Curtis v Potter & Co Pty Ltd t/as The Africa Safari Co [2016] NSWCATAP 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Curtis v Potter & Co Pty Ltd t/as The Africa Safari Co [2016] NSWCATAP 196 Hearing dates: 19 April 2016 Date of orders: 29 August 2016 Decision date: 29 August 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: Leave to appeal is granted. The appeal is dismissed. Catchwords: CONSUMER CLAIM – Whether decision of Tribunal addressed the respondent's alleged breaches of the Australian Consumer Law – Whether the Tribunal took into account a "once in a lifetime" experience – Whether the Tribunal's decision reflected the financial loss suffered by the appellant and his wife for three wasted days - Whether the Tribunal took into account the unconscionable conduct of the respondent - Whether the Tribunal took into account the misleading and deceptive conduct of the respondent

AUSTRALIAN CONSUMER LAW (NSW) – meaning and effect of the requirement of s 79U that the orders be fair and equitable to all parties to the claim – assessment of damages pursuant to s 236 of the Australian Consumer Law (NSW) Legislation Cited: Australian Consumer Law (Cth) Australian Consumer Law (NSW) Consumer Claims Tribunal Act 1974 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Biggin and Co Ltd v Permanite Ltd (1951) 1 KB 422 Collins v Urban [2014] NSWCATAP 17 Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31; 110 ALR 608 Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1 Haddad v Allianz Australia Insurance Ltd (No2) [2014] NSWDC 308 Henville v Walker [2001] HCA 52; [2001] 206 CLR 459 House v R [1936] HCA 40 Jones v Schiffmann [1971] HCA 52; (1971) 124 CLR 303 Murphy & Anr v Overton Investments Pty Ltd [2004] HCA 3 State Rail Authority of New South Wales v Consumer Claims Tribunal (1988) 14 NSWLR 473 Texts Cited: Miller's Australian Competition and Consumer Law Annotated, 33rd Edition Category: Principal judgment Parties: S Curtis (Appellant) Potter & Co Pty Ltd t/as the Africa Safari Co (Respondent) Representation: Appellant: In person Respondent: Mr N Gordon, Holman Webb, Solicitors File Number(s): AP 15/67577 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 27 November 2015 Before: S De Jersey, Member File Number(s): GEN 15/46492