Travel Compensation Fund v Robert Tambree t/as R Tambree and 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 - Financial statements of TSI prepared by first respondent and audited by second respondent in support of TSI's continued participation in the Fund - Appellant acted in reliance on information about the financial position of TSI - Respondents knew of such reliance - Respondents negligent and engaged in misleading or deceptive conduct in preparing and auditing the financial statements of TSI - Unlawful trading by TSI a cause of the damage suffered by the appellant.

Damages – Causation - Statutory context relevant to determining approach to causation - Application of common law approach to causation in the context of the Fair Trading Act - Whether policy considerations and value judgments relevant.

Fair Trading Act 1987 (NSW) – ss 42, 68.

Travel Agents Act 1986 (NSW).