cancel transaction, Smythe v Thomas case is outdated??

 

I reckon some of you know this story, Smythe v Thomas case, in Australia below.

1. A plane was listed on eBay auction in 2006.

2. The saler found a potential buyer who offered a good deal outside of eBay and decided to sell it to him.

3. However, someone also won the auction at the lower price than that then sued the saler.

4. The court judged that the saler had to sell the plane to the winner of the auction as the sales contract had been formed accoding to eBay agreement at that time.

 

My question is, if this occres now, the saler wouldn't have to sale the plane because eBay allows sallers to cancel transaction in their favor as below?

https://www.ebay.com.au/help/selling/getting-paid/cancelling-transaction?id=4136

 

I think we used to need the resolution center to make mutual cancel agreement between saler and buyer, right? When this is gone?

https://community.ebay.com/t5/Archive-Selling/How-do-you-cancel-a-sale-by-mutual-agreement/td-p/1863...

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