Gem Ezy Flights Pty Ltd v Gribble [2021] NSWCATAP 76

Gem Ezy Flights Pty Ltd v Gribble [2021] NSWCATAP 76

The contract was frustrated by government intervention (Biosecurity Determination), and the appellant was obliged under section 12 of the Frustrated Contracts Act to refund payments, less the non-refundable deposit; the exclusion clause did not clearly exclude statutory rights, and there was no evidence to support the appellant's claimed detriment under section 13.

Parties
Appellant: Gem Ezy Flights Pty Ltd; Respondent: Lynn Gribble
Jurisdiction
Australia
Judgment Date
25 March 2021
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Frustration of Contract, Refunds Due to COVID 19, Exclusion Clauses, Application of Frustrated Contracts Act
Contract Law Consumer Law Frustration of Contract Refunds Due to COVID 19 Exclusion Clauses Application of Frustrated Contracts Act

Case Brief

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Parties

Gem Ezy Flights Pty Ltd

Appellant

Lynn Gribble

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the contract was frustrated by government intervention related to COVID-19
  2. 2 Whether the exclusion clause in the contract precludes recovery under the Frustrated Contracts Act
  3. 3 Whether the appellant is entitled to retain payments made under the contract

Ratio Decidendi

The contract was frustrated by government intervention (Biosecurity Determination), and the appellant was obliged under section 12 of the Frustrated Contracts Act to refund payments, less the non-refundable deposit; the exclusion clause did not clearly exclude statutory rights, and there was no evidence to support the appellant's claimed detriment under section 13.

Court Disposition

Appeal dismissed

Orders

  • Leave is given to the Appellant to be legally represented on condition that no legal costs may be recovered by that party in the appeal.
  • The appeal is dismissed.