Miller v Executive Edge Travel and Events Pty Ltd (No.2)

Miller, the applicant, brought proceedings against Executive Edge Travel and Events Pty Ltd, the respondent, in the Supreme Court of Queensland. The dispute concerned the respondent's alleged breach of contract and misleading or deceptive conduct in relation to a travel package provided to the applicant. The applicant sought damages for losses allegedly suffered as a result of the respondent's conduct.

The primary legal issues before the Court were whether the respondent had breached its contractual obligations to the applicant and whether its conduct in marketing and providing the travel package constituted misleading or deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). The Court was required to assess the terms of the contract, the representations made by the respondent, and the actual performance of the travel services.

Judge O’Sullivan found that the respondent had breached its contractual obligations by failing to provide the travel package as represented and agreed. The Court also determined that the respondent had engaged in misleading or deceptive conduct. The reasoning focused on the disparity between the advertised and actual services, the respondent's failure to adequately inform the applicant of material changes, and the overall impression created by the respondent's representations. The Court applied principles of contract law regarding breach and the consumer protection provisions of the *Trade Practices Act* concerning misleading representations.

The Court ordered that the respondent pay damages to the applicant in an amount to be assessed.