Scenic Tours Pty Ltd v Moore

(2018) 361 ALR 456; [2018] NSWCA 238

NSW Court of Appeal

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Interrogate

Catchwords

1. Consumer Protection
2. › Australian Consumer Law
3. › Consumer Guarantees
4. › Services
5. › Characterisation of 'services' for purposes of consumer guarantees
6. › Whether services co-extensive with contractual obligations
7. › Objective assessment of dealings between supplier and consumer
8. › Australian Consumer Law (Sch 2, Competition and Consumer Act 2010 (Cth)), ss 60, 61
1. Consumer Protection
2. › Australian Consumer Law
3. › Consumer Guarantees
4. › Fitness for purpose guarantee
5. › Particular purpose made known to supplier
6. › Whether services reasonably fit for particular purpose
7. › Australian Consumer Law, s 61(1)
1. Consumer Protection
2. › Australian Consumer Law
3. › Consumer Guarantees
4. › Result guarantee
5. › Whether services of nature and quality reasonably expected to achieve desired result
6. › Australian Consumer Law, s 61(2)
1. Consumer Protection
2. › Australian Consumer Law
3. › Consumer Guarantees
4. › Due care and skill guarantee
5. › Whether pre-embarkation information obligations form part of care guarantee
6. › Whether post-embarkation conduct breached care guarantee
7. › Australian Consumer Law, s 60

Quick Take

Practitioners advising consumers on ACL claims for deficient services should note that the 'services' for Consumer Guarantee purposes are determined objectively from the dealings between supplier and consumer (including promotional materials), not limited to contractual terms; that compensation for reduction in value under s 267(3)(b) must be assessed objectively; and that claims for disappointment and distress under s 267(4) are precluded by s 16 of the Civil Liability Act 2002 (NSW) as picked up by s 275 of the ACL.