Selby v Expedia Australia Pty Ltd

Selby v Expedia Australia Pty Ltd was a matter heard by the Australian Competition and Consumer Commission (ACCC) Tribunal. The applicant, Mr Selby, sought compensation from the respondent, Expedia Australia Pty Ltd, for alleged misleading or deceptive conduct under the Australian Consumer Law. The dispute centred on the booking and cancellation of a hotel reservation through Expedia’s online platform. Mr Selby claimed he was misled by the respondent’s conduct and sought damages and associated costs.

The Tribunal was required to determine whether Expedia Australia Pty Ltd engaged in misleading or deceptive conduct, as defined under the Australian Consumer Law. Specifically, the Tribunal needed to assess whether the respondent made false or misleading representations regarding the terms and conditions of the hotel booking, and whether these representations influenced Mr Selby’s decision to proceed with the booking. Additionally, the Tribunal had to consider the quantum of damages, if any, that Mr Selby was entitled to recover.

The Tribunal found that Expedia Australia Pty Ltd did engage in misleading or deceptive conduct by failing to adequately inform Mr Selby of the cancellation terms associated with the hotel booking. The Tribunal concluded that the respondent’s conduct breached section 18 of the Australian Consumer Law. In assessing the damages, the Tribunal took into account the financial loss suffered by Mr Selby as a result of the misleading conduct, as well as the costs associated with the filing of the application and the search of the ASIC records. The Tribunal ordered that Expedia Australia Pty Ltd pay Mr Selby the total amount of $709.34, which included the damages, the filing fee, and the ASIC search fee.