Blue Bella Pty Ltd trading as Quantum Change Seminars v Lanyon [2014] NSWDC 315

Blue Bella Pty Ltd trading as Quantum Change Seminars v Lanyon [2014] NSWDC 315

The Tribunal's refund order was open on the evidence because it turned on acceptance of Ms Lanyon's evidence about the 100% satisfaction guarantee, which could not be disturbed on an appeal under s 67. In any event, Quantum could only succeed by establishing an implied term that the refund guarantee was unavailable after the discounted Egypt trip was taken before completion of the second course, but that term was inconsistent with the express money back guarantee and was not necessary for business efficacy.

Jurisdiction
Australia
Judgment Date
04 April 2014
Procedural Posture
Civil Appeal From Consumer, Trader and Tenancy Tribunal / Appeal Under S 67 of the Consumer, Trader and Tenancy Tribunal Act 2001
Outcome
Appeal dismissed; Tribunal decision affirmed; no order as to costs.
Legal Topics
['training Program Refund Guarantee' 'construction of Contractual Terms' 'implied Term' 'credit Findings on Appeal' 'tribunal Appeal']
['contract Law' 'civil Procedure'] ['training Program Refund Guarantee' 'construction of Contractual Terms' 'implied Term' 'credit Findings on Appeal' 'tribunal Appeal']

Case Brief

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Procedural Posture

Civil Appeal From Consumer, Trader and Tenancy Tribunal / Appeal Under S 67 of the Consumer, Trader and Tenancy Tribunal Act 2001

Legal Issues

  1. 1 ['Whether the Tribunal erred in ordering Quantum to pay Ms Lanyon a refund of $2,100 for the NLP Master Practitioner Training.' 'Whether Ms Lanyon had to attend the first day of the NLP Master Training course to obtain the benefit of the money back guarantee.' 'Whether a term should be implied that, once the discounted Egypt trip was taken before completion of the second course, the money back guarantee on the second course was no longer available.' 'Whether Quantum could obtain, in the alternative, an order that Ms Lanyon pay $1,895 for the difference between the alleged full and discounted price of the Egypt trip.']

Ratio Decidendi

The Tribunal's refund order was open on the evidence because it turned on acceptance of Ms Lanyon's evidence about the 100% satisfaction guarantee, which could not be disturbed on an appeal under s 67. In any event, Quantum could only succeed by establishing an implied term that the refund guarantee was unavailable after the discounted Egypt trip was taken before completion of the second course, but that term was inconsistent with the express money back guarantee and was not necessary for business efficacy.

Court Disposition

Appeal dismissed; Tribunal decision affirmed; no order as to costs.

Orders

  • ['The appeal is dismissed.' 'No order as to costs.' 'Affirm the decision of the Tribunal.']