AHA International Pty Ltd v De Sen He and Yuan Fei He [2015] NSWCATAP 47
Leave to appeal was refused because no question of law was properly articulated or established, the grounds for leave to appeal were not satisfied, procedural fairness was afforded, and the original Tribunal's findings and evidence were sufficient and not against the weight of evidence.
- Parties
- Appellant: AHA International Pty Ltd; Respondent: De Sen He; Respondent: Yuan Fei He
- Jurisdiction
- Australia
- Judgment Date
- 23 March 2015
- Procedural Posture
- Appeal / Dismissal After Refusal of Leave to Appeal
- Outcome
- Appeal dismissed; leave to appeal refused; amendment of appellant's name granted.
- Legal Topics
- Breach of Contract, Leave to Appeal, Procedural Fairness, Tribunal Decisions
Case Brief
Summary, issues, holding and outcome
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Parties
AHA International Pty Ltd
Appellant
De Sen He
Respondent
Yuan Fei He
Respondent
Procedural Posture
Appeal / Dismissal After Refusal of Leave to Appeal
Legal Issues
- 1 Whether Tribunal decision was fair and equitable
- 2 Whether Tribunal decision was against the weight of the evidence
- 3 Whether significant new evidence was not reasonably available
Ratio Decidendi
Leave to appeal was refused because no question of law was properly articulated or established, the grounds for leave to appeal were not satisfied, procedural fairness was afforded, and the original Tribunal's findings and evidence were sufficient and not against the weight of evidence.
Court Disposition
Appeal dismissed; leave to appeal refused; amendment of appellant's name granted.
Orders
- The name of the Appellant is amended to AHA International Pty Ltd.
- Leave to appeal is refused.
Full Case Text
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