Travel Compensation Fund v Tambree

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE AND CALLINAN JJTRAVEL COMPENSATION FUND  APPELLANTANDROBERT TAMBREE T/AS R TAMBREE AND ASSOCIATES & ORS  RESPONDENTSTravel Compensation Fund v Robert Tambree t/asR Tambree and Associates [2005] HCA 6916 November 2005S54/2005ORDER1.Appeal allowed with costs.2.Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 26 February 2004 and in their place order that the appeal to that Court be dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentation:J E Marshall SC with N F Francey and M J O'Meara for the appellant (instructed by McCabe Terrill)P B Walsh for the first respondent (instructed by Burston Cole & Co)R E Dubler SC with H Sonmez for the second respondent (instructed by Phillips Fox)No appearance for the third to fifth respondentsNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSTravel Compensation Fund v Robert Tambree T/as R Tambree & Associates Trade Practices – Fair Trading Act – Misleading or deceptive conduct – Person who suffers loss or damage by conduct of another in contravention of Act.Damages – Causation – Whether illegal conduct severed the chain of causation – Travel Compensation Fund established as part of national scheme for regulation of travel agents – Fund compensated members of the public who suffered loss by reason of an act or omission of a travel agent – Travel Shop International ("TSI") was a participant in the Fund...