Baum v Goway Travel Pty Ltd [2019] NSWCATCD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Baum v Goway Travel Pty Ltd [2019] NSWCATCD 12 Hearing dates: 29 March 2019 Date of orders: 10 April 2019 Decision date: 10 April 2019 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. In each case the application is dismissed.

2. In each case each party is to bear his or its own costs. Catchwords: Alleged agreement for purchase of travel passes - whether persons with whom the applicant had dealt had any authority to bind the respondent company – whether there was a contract in existence between the applicant on the one hand and the respondent on the other - application of s79U of Fair Trading Act 1987 – whether the applicant is entitled to compensation of damages where benefits already received from the respondent significantly exceed the monies paid to the respondent for them. Legislation Cited: Fair Trading Act 1987 ss79 D; 79E, 79L, 79U Cases Cited: Curtis v Potter & Co Pty Ltd t/as The African Safari Co.[2016] NSWCATAP 196 Egyptian International Foreign Trade Co v Soplex Wholesale Supplies Ltd (The 'Raffaella') [1985] 2 Lloyd's Rep 36 at 41: Fry v Smellie [2012] 3KB 282 at 293 Hoare v McCarthy (1916) 22 CLR 296 Irving v D'Michelle t/as Westside Customs and Mechanical [2015] NSWCATCD 152 Lockyer v Buckhurst Park Properties (Mangal) Ltd (1964) 2 QB 480, at 503 Lysaght Bros & Co Ltd v Falk [1905] 2CLR 421 at 427 Reckitt v Barnett, Pembroke and Slater Ltd [1929] AC 176, at 182. Rolled Steel Ltd v British Steel Corpn (1986) Ch 246 State Rail Authority of New South Wales v Consumer Claims Tribunal [1988] 14 NSWLR 473 Steve Miller and Anor v Grosvenor Constructions Pty Ltd [2017] NSWCATCD 42 Texts Cited: Cheshire and Fifoot Law of Contract Category: Principal judgment Parties: Graham Baum (Applicant) Goway Travel Pty Ltd (Respondent) Representation: Applicant (self-represented) Ms Scott of counsel appeared for the Respondent instructed by Breene and Breene, Solicitors File Number(s): GEN18/50673; GEN18/50688 Publication restriction: Nil