Blue Bella Pty Limited v Jackson [2016] NSWCATAP 62
The agreement between QC Seminars and Ms Jackson was an unsolicited consumer agreement as it was negotiated at a hired venue, not the supplier's established business premises, and the consumer did not invite the supplier for the specific transaction. QC Seminars did not provide the required statutory information about cooling off rights, entitling Ms Jackson to terminate the contract within six months. The appeal was therefore dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 09 March 2016
- Procedural Posture
- Appeal / Appeal Decision by Internal Appeal Panel
- Outcome
- Appeal dismissed
- Legal Topics
- ['unsolicited Consumer Agreements' 'australian Consumer Law' 'cooling Off Period' 'seminar Promotion' 'reverse Onus']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Appeal Decision by Internal Appeal Panel
Legal Issues
- 1 ['Whether the sales contract between QC Seminars and Ms Jackson was an unsolicited consumer agreement under s 69 of the ACL (NSW)' 'Whether failure by QC Seminars to comply with Division 2 of ACL (NSW) entitled Ms Jackson to terminate the contract and receive a refund']
Ratio Decidendi
The agreement between QC Seminars and Ms Jackson was an unsolicited consumer agreement as it was negotiated at a hired venue, not the supplier's established business premises, and the consumer did not invite the supplier for the specific transaction. QC Seminars did not provide the required statutory information about cooling off rights, entitling Ms Jackson to terminate the contract within six months. The appeal was therefore dismissed.
Court Disposition
Appeal dismissed
Orders
- ['Appeal dismissed']
Full Case Text
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