27 November 2015

Contract: Travel Managers v. 123Kiwi.com

Taking steps to transfer his travel agency across to House of Travel in breach of a contract with Travel Managers Group cost Gregory Southcombe and his business $615,000 for profits otherwise due on three years remaining of the Travel Managers contract.
The High Court was told Mr Southcombe and his travel business, then called Travel Café, had worked with Travel Managers since 2009.  Travel Café was the retail arm, booking travel through facilities provided by Travel Managers.  Other Southcombe family members owned and ran Travel Managers.
Evidence was given of delicate family negotiations in respect of a $115,365 debt owed Travel Managers by Gregory Southcombe.  It was agreed the debt would be cleared by having Travel Café put all its business through Travel Managers up to March 2017 with commissions and overrides applied in reduction of the debt.  Commissions are made on travel booked.  Overrides are rebates paid by airlines after travel commences if specified levels of volume and value are achieved.
In August 2013, Mr Southcombe signalled to Travel Managers he was looking to go elsewhere unless current trading terms were renegotiated.  Four months later, he was in discussions with House of Travel.  Travel Managers later discovered that Travel Café had signed up independently for the Amadeus online airline reservation system, had received an advance payment from Amadeus of $138,000 and had diverted  commissions totalling over $51,000 otherwise payable to Travel Managers.
In the High Court, Justice Woodhouse ruled that Travel Café had repudiated the Travel Managers contract by carrying out steps to take its business elsewhere.  Travel Café, and Mr Southcombe as guarantor, were held liable for $40,300 still owing on the original $115,365 debt and were further held liable for the commissions and overrides Travel Managers would have received if the contract had run its course through to 2017.   
Travel Managers Group v. 123Kiwi.com – High Court (27.11.15)

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