Singh v Singh [2020] NSWCATAP 114

Singh v Singh [2020] NSWCATAP 114

Leave to appeal was refused because the appeal raised no question of law, the appellant provided no probative evidence that the respondent contracted for freight to be calculated and charged on a volumetric basis or that the Tribunal's decision was erroneous, provided no medical evidence supporting his failure to attend the original hearing, and raised no issue of principle or public importance.

Jurisdiction
Australia
Judgment Date
18 June 2020
Procedural Posture
Internal Appeal From Consumer and Commercial Division Decision / Leave to Appeal Determined on the Papers; Hearing Dispensed With
Outcome
Leave to appeal is refused and the appeal is dismissed.
Legal Topics
['leave to Appeal' 'internal Appeals' 'consumer Claim for Refund' 'non Attendance at Hearing']
['civil Procedure' 'consumer Law'] ['leave to Appeal' 'internal Appeals' 'consumer Claim for Refund' 'non Attendance at Hearing']

Case Brief

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Procedural Posture

Internal Appeal From Consumer and Commercial Division Decision / Leave to Appeal Determined on the Papers; Hearing Dispensed With

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to appeal from a Consumer and Commercial Division decision.' 'Whether the appellant may have suffered a substantial miscarriage of justice because the decision was made in his absence.' "Whether the appellant's new material showed that the respondent agreed to air freight charges calculated on a volumetric basis." 'Whether the appellant provided adequate evidence explaining his failure to attend the Tribunal hearing.']

Ratio Decidendi

Leave to appeal was refused because the appeal raised no question of law, the appellant provided no probative evidence that the respondent contracted for freight to be calculated and charged on a volumetric basis or that the Tribunal's decision was erroneous, provided no medical evidence supporting his failure to attend the original hearing, and raised no issue of principle or public importance.

Court Disposition

Leave to appeal is refused and the appeal is dismissed.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.']