Satyaprem Moira Gibson v Blue Bella Pty Ltd t/as Quantum Change Seminars [2015] NSWCATCD 72

The respondent breached a consumer guarantee under s 62 of the ACL by not supplying the service (tour) within a reasonable time and the exclusion clause in the contract is void by operation of s 64 ACL; thus, applicant is entitled to a refund.

Jurisdiction: Australia
Judgment Date: 03 July 2015
Procedural Posture: Consumer Claim / Hearing and Decision
Outcome: applicant succeeds; refund ordered
Legal Topics: ['services Not Provided Within Reasonable Time' 'consumer Guarantees' 'refund for Postponed Services']

['consumer Law'] ['services Not Provided Within Reasonable Time' 'consumer Guarantees' 'refund for Postponed Services']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Consumer Claim / Hearing and Decision

Legal Issues

1 ['Whether the respondent breached Australian Consumer Law guarantee to provide services within a reasonable time' 'Whether the applicant is entitled to a refund under the ACL despite contract terms excluding liability']

Ratio Decidendi

Court Disposition

applicant succeeds; refund ordered

Orders

['The respondent is to refund to the applicant the sum of $5,800.00 immediately.']