Smith v Opalite Industries Pty Ltd t/as Opalite Caravans [2019] NSWCATAP 271

Smith v Opalite Industries Pty Ltd t/as Opalite Caravans [2019] NSWCATAP 271

The Appeal Panel extended time because the appeal was only five days late and no real prejudice to the respondents was shown. Leave to appeal was refused because the appellants' grounds challenged factual findings, the Tribunal had evidence supporting its acceptance that the initial weights related to a standard caravan, that the compliance plate accurately recorded the supplied caravan's tare weight and tow ball weight, and that later weight discrepancies were explained by modifications or loading. The appellants did not establish error or that they may have suffered a substantial miscarriage of justice. The proposed new evidence was either post-decision material raising new claims or...

Jurisdiction
Australia
Judgment Date
13 November 2019
Procedural Posture
Consumer Law Appeal Concerning Alleged Misrepresentations in Connection With the Supply of a Caravan / Appeal Panel Application for Extension of Time and Leave to Appeal From a Consumer and Commercial Division Decision Dismissing the Application
Outcome
Time to file the Notice of Appeal was extended; leave to appeal was refused and the appeal was otherwise dismissed.
Legal Topics
['misrepresentation' 'australian Consumer Law (nsw)' 'compliance Plate Information' 'tare Weight' 'tow Ball Weight' 'leave to Appeal' 'extension of Time' 'new Evidence on Appeal' 'fitness for Purpose' 'acceptable Quality']
['consumer Law' 'civil Procedure' 'administrative Tribunal Appeals'] ['misrepresentation' 'australian Consumer Law (nsw)' 'compliance Plate Information' 'tare Weight' 'tow Ball Weight' 'leave to Appeal' 'extension of Time' 'new Evidence on Appeal' 'fitness for Purpose' 'acceptable Quality']

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Procedural Posture

Consumer Law Appeal Concerning Alleged Misrepresentations in Connection With the Supply of a Caravan / Appeal Panel Application for Extension of Time and Leave to Appeal From a Consumer and Commercial Division Decision Dismissing the Application

Legal Issues

  1. 1 ['Whether time to file the Notice of Appeal should be extended.' 'Whether leave to appeal should be granted in respect of challenges to findings of fact about alleged misrepresentations concerning tare weight and tow ball weight.' 'Whether new evidence concerning repairs, association membership and post-decision matters should be admitted on appeal.' "Whether the appellants were denied an opportunity to issue a summons or cross-examine the first respondent's workshop supervisor." 'Whether the Tribunal erred in rejecting or not permitting a late claim concerning axle rating and wheel bearings.']

Ratio Decidendi

The Appeal Panel extended time because the appeal was only five days late and no real prejudice to the respondents was shown. Leave to appeal was refused because the appellants' grounds challenged factual findings, the Tribunal had evidence supporting its acceptance that the initial weights related to a standard caravan, that the compliance plate accurately recorded the supplied caravan's tare weight and tow ball weight, and that later weight discrepancies were explained by modifications or loading. The appellants did not establish error or that they may have suffered a substantial miscarriage of justice. The proposed new evidence was either post-decision material raising new claims or...

Court Disposition

Time to file the Notice of Appeal was extended; leave to appeal was refused and the appeal was otherwise dismissed.

Orders

  • ['Time to file the Notice of Appeal is extended to 23 July 2019;' 'Leave to appeal is refused and the appeal is otherwise dismissed.']