Morissi v Syed [2022] NSWCATAP 162

Morissi v Syed [2022] NSWCATAP 162

The appellant failed to demonstrate a substantial miscarriage of justice, denial of procedural fairness, or the necessary circumstances for admission of fresh evidence. The grounds relied upon were unsubstantiated and did not raise any error of principle, public importance, or clear injustice. Therefore, leave to appeal was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
16 May 2022
Procedural Posture
Appeal / Judgment on Application for Leave to Appeal and Dismissal
Outcome
Leave to appeal refused; appeal dismissed; stay lifted
Legal Topics
['appeal' 'sale of Motor Vehicle' 'misleading Conduct' 'agent for Undisclosed Principal' 'procedural Fairness']
['consumer Law'] ['appeal' 'sale of Motor Vehicle' 'misleading Conduct' 'agent for Undisclosed Principal' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Judgment on Application for Leave to Appeal and Dismissal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW)' 'Whether the appellant was denied procedural fairness due to inability to present evidence' 'Whether new/fresh evidence advanced by the appellant qualifies under the relevant legal test']

Ratio Decidendi

The appellant failed to demonstrate a substantial miscarriage of justice, denial of procedural fairness, or the necessary circumstances for admission of fresh evidence. The grounds relied upon were unsubstantiated and did not raise any error of principle, public importance, or clear injustice. Therefore, leave to appeal was refused and the appeal dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed; stay lifted

Orders

  • ['The stay of proceedings made on 28 January 2022 be lifted forthwith.' 'Leave be refused to bring the appeal.' 'The appeal be dismissed.']