Webb v Flight Centre Travel Group Limited [2021] NSWCATCD 31

Webb v Flight Centre Travel Group Limited [2021] NSWCATCD 31

The Respondent supplied services in trade or commerce, but the Applicant did not establish that those services were rendered without due care and skill. The Applicant had a credit for the full deposit amount for 24 months and the tickets were transferable, so he suffered no loss or damage. Even if a breach had been shown, the Respondent acted as agent for Air Canada, and the Applicant had the requisite knowledge of, or was bound by, terms stating that agency role and excluding liability for third-party travel services. It was therefore fair and equitable to dismiss the application.

Jurisdiction
Australia
Judgment Date
13 May 2021
Procedural Posture
Consumer Claim / Final Hearing; Principal Judgment
Outcome
The application is dismissed.
Legal Topics
['consumer Guarantees' 'supply of Services' 'guarantee as to Due Care and Skill' 'travel Agent Acting as Agent' 'compensation for Deposit Paid for Air Tickets']
['consumer Law' 'contract Law'] ['consumer Guarantees' 'supply of Services' 'guarantee as to Due Care and Skill' 'travel Agent Acting as Agent' 'compensation for Deposit Paid for Air Tickets']

Case Brief

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Procedural Posture

Consumer Claim / Final Hearing; Principal Judgment

Legal Issues

  1. 1 ['Whether the Respondent supplied services in trade or commerce within the meaning of section 60 of the Australian Consumer Law.' 'Whether the Respondent failed to render services with due care and skill.' 'Whether the Applicant suffered loss or damage recoverable from the Respondent.' 'Whether the Respondent could be liable for loss where it acted as agent for Air Canada and the Applicant was bound by the booking terms and conditions.']

Ratio Decidendi

The Respondent supplied services in trade or commerce, but the Applicant did not establish that those services were rendered without due care and skill. The Applicant had a credit for the full deposit amount for 24 months and the tickets were transferable, so he suffered no loss or damage. Even if a breach had been shown, the Respondent acted as agent for Air Canada, and the Applicant had the requisite knowledge of, or was bound by, terms stating that agency role and excluding liability for third-party travel services. It was therefore fair and equitable to dismiss the application.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.' 'The Tribunal NOTES that the Respondent stated during the hearing that the Applicant has available to him a credit with the Respondent to the full value of the amount that he paid to the Respondent that he can use within 24 months from the date of having made that payment and that...