Lucas & Co Byron Pty Ltd v Morrison [2024] NSWCATAP 115

Lucas & Co Byron Pty Ltd v Morrison [2024] NSWCATAP 115

The only contract was between the trustee company and the respondent; there was no basis for a claim against the director/shareholder. The applicable cancellation policy required refund minus a 15% fee upon resale. Leave to appeal was refused as the appellants failed to present alleged new contractual terms at first instance and did not demonstrate procedural unfairness or any error in the interpretation of terms by the Tribunal.

Parties
First Appellant: Lucas & Co Byron Pty Ltd; Second Appellant: Nicole Samm; Respondent: Hugh Morrison
Jurisdiction
Australia
Judgment Date
20 June 2024
Procedural Posture
Internal Appeal / Appeal Disposition
Outcome
appeal dismissed (leave to appeal refused)
Legal Topics
Holiday Accommodation Contract, Trustee Company Liability, Variation of Contract Terms, Refund of Price Paid, Claim Against Director/shareholder, New Evidence on Appeal, Contractual Interpretation, Cancellation Policy
Consumer Law Contract Law Holiday Accommodation Contract Trustee Company Liability Variation of Contract Terms Refund of Price Paid Claim Against Director/shareholder New Evidence on Appeal +2 more

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Parties

Lucas & Co Byron Pty Ltd

First Appellant

Nicole Samm

Second Appellant

Hugh Morrison

Respondent

Procedural Posture

Internal Appeal / Appeal Disposition

Legal Issues

  1. 1 whether price paid for holiday accommodation is refundable
  2. 2 whether claim can be made against director/shareholder rather than trustee company
  3. 3 whether Tribunal misconstrued contractual terms

Ratio Decidendi

The only contract was between the trustee company and the respondent; there was no basis for a claim against the director/shareholder. The applicable cancellation policy required refund minus a 15% fee upon resale. Leave to appeal was refused as the appellants failed to present alleged new contractual terms at first instance and did not demonstrate procedural unfairness or any error in the interpretation of terms by the Tribunal.

Court Disposition

appeal dismissed (leave to appeal refused)

Orders

  • Lucas & Co Byron Pty Ltd is joined as an appellant.
  • Order 1 made by the Tribunal on 26 February 2024 is set aside but only in so far as it contains an order against Ms Nicole Samm.