Bali Holiday Inn, kids club & allegations of breach of contract

Robin and Cameron Kelly vs Holiday Inn Resort Baruna Bali

HBA acted for the Holiday Inn Resort Baruna Bali, on instructions from InterContinental Hotels Group. We succeeded before the Panel of Judges in Denpasar District Court, Indonesia.  The plaintiffs brought proceedings twice, and HBA succeeded on both occasions.

The plaintiffs were the mother and grandmother of two small children that were left in the Kids Club by the plaintiffs at the Holiday Inn in Bali. The children were then collected from the Kids Club on the same day by their biological father.

Although there were no parenting or Court orders in place with respect to the custody of the children, there was an unresolved family dispute between the plaintiffs and the biological father, which the Holiday Inn was not aware of.

The plaintiffs alleged that the Holiday Inn breached their contract with them and committed an unlawful act by allowing the biological father to collect his own children. The plaintiffs claimed damages in excess of USD$2 million which included numerous unrelated items such as the legal costs of the family court proceedings in Australia.

There were significant problems with the plaintiffs’ claim which included procedural abnormalities, inconsistent pleadings and lack of evidence.  The case was heard in the District Court of Denpasar over a number of days, over two sets of proceedings. The Panel of Judges held, in relation to both proceedings, that the plaintiffs were unsuccessful.