Steiner, John Raymond & Anor v Magic Carpet Tours Pty Ltd & Ors [1984] FCA 323

Steiner, John Raymond & Anor v Magic Carpet Tours Pty Ltd & Ors [1984] FCA 323

The Court found as a fact that Magic Carpet Tours Pty Limited did make a reservation for the applicants at Mandala Bungalows in Bali. Consequently, no false representation was made, and the applicants' claim under s.52 and s.82 of the Trade Practices Act fails against all respondents.

Parties
First Applicant: John Raymond Steiner; Second Applicant: Lynne Janine Steiner; First Respondent: Magic Carpet Tours Pty Limited; Second Respondent: Easts Holidays Pty Limited; Third Respondent: Valerie Jean Ireland; Cross Claimant: Easts Holidays Pty Limited; First Cross Respondent: Magic Carpet Tours Pty Limited; Second Cross Respondent: Valerie Jean Ireland
Jurisdiction
Australia
Judgment Date
10 October 1984
Procedural Posture
Application and Cross Claim / Final Judgment at Trial
Outcome
Application and Cross-claim each dismissed; applicants to pay costs of respondents to Application; no order as to costs for Cross-claim; exhibits to be handed out after 21 days unless Notice of Appeal filed.
Legal Topics
Misleading Conduct, False Representation, Damages Under Trade Practices Act
Trade Practices Misleading Conduct False Representation Damages Under Trade Practices Act

Case Brief

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Parties

John Raymond Steiner

First Applicant

Lynne Janine Steiner

Second Applicant

Magic Carpet Tours Pty Limited

First Respondent

Easts Holidays Pty Limited

Second Respondent

Valerie Jean Ireland

Third Respondent

Easts Holidays Pty Limited

Cross Claimant

Magic Carpet Tours Pty Limited

First Cross Respondent

Valerie Jean Ireland

Second Cross Respondent

Procedural Posture

Application and Cross Claim / Final Judgment at Trial

Legal Issues

  1. 1 Whether respondents engaged in misleading conduct by falsely representing that accommodation had been reserved.
  2. 2 Whether applicants suffered recoverable loss or damage under s.82 of the Trade Practices Act.

Ratio Decidendi

The Court found as a fact that Magic Carpet Tours Pty Limited did make a reservation for the applicants at Mandala Bungalows in Bali. Consequently, no false representation was made, and the applicants' claim under s.52 and s.82 of the Trade Practices Act fails against all respondents.

Court Disposition

Application and Cross-claim each dismissed; applicants to pay costs of respondents to Application; no order as to costs for Cross-claim; exhibits to be handed out after 21 days unless Notice of Appeal filed.

Orders

  • Application and Cross-claim each be dismissed.
  • Applicants pay the costs of each respondent to the Application.