Pfeiffer v Chadwick [2022] NSWCATAP 53

Pfeiffer v Chadwick [2022] NSWCATAP 53

The Tribunal erred on a question of law by failing to give reasons concerning the appellant's reliance on s 47A of the Fair Trading Act 1987 (NSW), a pivotal issue. On redetermination, the cancellation terms for the second reservation were not incorporated because they were provided only after the contract was made and paid for. In any event, the respondent's conduct in waiving the initial cancellation fee, inviting a direct rebooking without pre-contract disclosure of cancellation terms, and remaining silent as to a different position on cancellation of the second reservation was misleading conduct that caused the appellant to believe she could cancel without penalty or claim for loss....

Jurisdiction
Australia
Judgment Date
25 February 2022
Procedural Posture
Internal Appeal in a Consumer Claim Concerning Short Term Resort Accommodation / Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division Decision Dated 7 October 2021
Outcome
Appeal upheld; respondent ordered to pay the appellant $947.10 within 21 days; no costs order made.
Legal Topics
['short Term Accommodation Booking' 'incorporation of Contractual Terms' 'cancellation Policy' 'misleading or Deceptive Conduct' 'procedural Fairness and Adequate Reasons' 'internal Appeals']
['consumer Law' 'contract Law' 'civil Procedure'] ['short Term Accommodation Booking' 'incorporation of Contractual Terms' 'cancellation Policy' 'misleading or Deceptive Conduct' 'procedural Fairness and Adequate Reasons' 'internal Appeals']

Case Brief

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Procedural Posture

Internal Appeal in a Consumer Claim Concerning Short Term Resort Accommodation / Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division Decision Dated 7 October 2021

Legal Issues

  1. 1 ["Whether the Tribunal erred on a question of law by failing to consider the appellant's reliance on s 47A of the Fair Trading Act 1987 (NSW)." 'Whether the cancellation conditions for the second reservation were incorporated into the contract between the parties.' "Whether the respondent's conduct, including silence after waiving the initial cancellation fee and inviting a direct rebooking, was misleading or deceptive." 'Whether the respondent could retain $947.10 after the appellant cancelled the second reservation.']

Ratio Decidendi

The Tribunal erred on a question of law by failing to give reasons concerning the appellant's reliance on s 47A of the Fair Trading Act 1987 (NSW), a pivotal issue. On redetermination, the cancellation terms for the second reservation were not incorporated because they were provided only after the contract was made and paid for. In any event, the respondent's conduct in waiving the initial cancellation fee, inviting a direct rebooking without pre-contract disclosure of cancellation terms, and remaining silent as to a different position on cancellation of the second reservation was misleading conduct that caused the appellant to believe she could cancel without penalty or claim for loss....

Court Disposition

Appeal upheld; respondent ordered to pay the appellant $947.10 within 21 days; no costs order made.

Orders

  • ['The Appeal be upheld.' 'The respondent is to pay the appellant the sum of $947.10 within 21 days of the date of these orders.']