Divola v Natural Solar Power Pty Ltd [2022] NSWCATAP 379

The application for leave to appeal was refused because no substantial miscarriage of justice, issue of principle or clear injustice was established. The appeal was dismissed because the Tribunal's findings were not demonstrated to be unfair or against the weight of the evidence, and no error of law or fact was established at first instance justifying disturbing the original orders.

Jurisdiction: Australia
Judgment Date: 08 December 2022
Procedural Posture: Civil Appeal / Application for Leave to Appeal and Appeal Determination
Outcome: Application for leave to appeal refused; appeal dismissed.
Legal Topics: ['australian Consumer Law' 'variation of Contracts' 'fair Trading' 'home Building' 'misleading and Deceptive Conduct']

['consumer Law' 'contract Law'] ['australian Consumer Law' 'variation of Contracts' 'fair Trading' 'home Building' 'misleading and Deceptive Conduct']

Case Brief

Summary, issues, holding and outcome

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

Procedural Posture

Civil Appeal / Application for Leave to Appeal and Appeal Determination

Legal Issues

1 ['Whether the Tribunal decision was not fair and equitable' 'Whether the Tribunal decision was against the weight of the evidence' 'Whether there was a substantial miscarriage of justice justifying leave to appeal' 'Whether oral variation to contract was valid despite written requirement' 'Whether misleading and deceptive conduct occurred']

Ratio Decidendi

Court Disposition

Application for leave to appeal refused; appeal dismissed.

Orders

['The application for leave to appeal is refused.' 'The appeal is otherwise dismissed.']