Baranowski v Walker [2023] NSWCATAP 59

Baranowski v Walker [2023] NSWCATAP 59

The Tribunal reasonably found there was a contract for supply and installation of the engine between Mr Walker and Polgage, and that Polgage was responsible for damage to the air-conditioner; the appellants did not demonstrate a substantial miscarriage of justice, and leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
28 February 2023
Procedural Posture
Appeal / Leave to Appeal and Final Determination
Outcome
leave to appeal refused and appeal dismissed
Legal Topics
['appeal' 'leave to Appeal' 'substantial Miscarriage of Justice' 'contract for Supply and Installation' 'compensation for Property Damage']
['consumer Law'] ['appeal' 'leave to Appeal' 'substantial Miscarriage of Justice' 'contract for Supply and Installation' 'compensation for Property Damage']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Leave to Appeal and Final Determination

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding a contract existed between Mr Walker and Polgage for supply and installation of an engine' 'Whether the Tribunal correctly attributed responsibility for air-conditioner damage to Polgage' 'Whether appellants suffered a substantial miscarriage of justice warranting leave to appeal']

Ratio Decidendi

The Tribunal reasonably found there was a contract for supply and installation of the engine between Mr Walker and Polgage, and that Polgage was responsible for damage to the air-conditioner; the appellants did not demonstrate a substantial miscarriage of justice, and leave to appeal was refused.

Court Disposition

leave to appeal refused and appeal dismissed

Orders

  • ['Leave to appeal is refused and the appeal is otherwise dismissed.']