Harold and Aileen Childs v Scenic Tours Pty Ltd [2014] NSWCATCD 128
The tour provided was not substantially as contracted due to extensive disruption, entitling applicants to compensation for failure to deliver the essential aspects of the cruise; however, compensation for stress and inconvenience was denied as it did not meet statutory thresholds.
- Parties
- Applicants: Harold and Aileen Childs; Respondent: Scenic Tours Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 30 January 2014
- Procedural Posture
- Consumer Compensation Claim / Final Determination
- Outcome
- Applicant successful in part
- Legal Topics
- Compensation for Tour, Contract Frustration, Implied Terms, Non Economic Loss Under Civil Liability Act
Case Brief
Summary, issues, holding and outcome
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Parties
Harold and Aileen Childs
Applicants
Scenic Tours Pty Ltd
Respondent
Procedural Posture
Consumer Compensation Claim / Final Determination
Legal Issues
- 1 Whether the respondent failed to provide services contracted for under the tour agreement
- 2 Whether the applicants are entitled to compensation for failure to provide the cruise as per itinerary
- 3 Whether applicants are entitled to damages for stress and disappointment
Ratio Decidendi
The tour provided was not substantially as contracted due to extensive disruption, entitling applicants to compensation for failure to deliver the essential aspects of the cruise; however, compensation for stress and inconvenience was denied as it did not meet statutory thresholds.
Court Disposition
Applicant successful in part
Orders
- The respondent is, on or before 28 February 2014, to pay to the applicants the sum of $11,826.00.
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