Anthony Owen Brett t/as Love Revolution Music and Film Productions v Australian Trade Exhibitions Pty Ltd [2020] NSWCATAP 90

Anthony Owen Brett t/as Love Revolution Music and Film Productions v Australian Trade Exhibitions Pty Ltd [2020] NSWCATAP 90

The appeal was dismissed because the Appellant raised no question of law, and the Appeal Panel was not satisfied that the Appellant may have suffered a substantial miscarriage of justice or that the Decision was not fair and equitable. The contracts gave the Respondent or its subcontractors discretion over matters such as music, audiovisuals, stage effects, styling and timing, and the Appellant's evidence did not establish that the Respondent failed to perform its obligations with due care and skill. The Appellant bore the onus of proving his case, and the Respondent's failure to call subcontractors did not make the Appellant's case successful.

Jurisdiction
Australia
Judgment Date
20 May 2020
Procedural Posture
Internal Appeal in a Consumer Claim From the Consumer & Commercial Division of the Civil and Administrative Tribunal / Appeal Panel Decision
Outcome
Appeal dismissed.
Legal Topics
['due Care and Skill' 'internal Appeal' 'leave to Appeal' 'substantial Miscarriage of Justice' 'fair and Equitable Decision' 'onus of Proof' 'contractual Discretion in Performance of Services']
['consumer Law' 'civil and Administrative Tribunal Appeals' 'contract Law'] ['due Care and Skill' 'internal Appeal' 'leave to Appeal' 'substantial Miscarriage of Justice' 'fair and Equitable Decision' 'onus of Proof' 'contractual Discretion in Performance of Services']

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Procedural Posture

Internal Appeal in a Consumer Claim From the Consumer & Commercial Division of the Civil and Administrative Tribunal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether a further hearing of the appeal should be dispensed with and the appeal determined on the papers.' 'Whether the appeal raised any question of law under s 80 of the Civil & Administrative Tribunal Act 2013 (NSW).' 'Whether leave should be granted under cl 12 of Schedule 4 of the Civil & Administrative Tribunal Act 2013 (NSW) on the basis that the Decision was not fair and equitable and the Appellant may have suffered a substantial miscarriage of justice.' 'Whether the evidence supported a finding that the Respondent failed to provide services with due care and skill.' 'Whether the appeal was filed out of time.']

Ratio Decidendi

The appeal was dismissed because the Appellant raised no question of law, and the Appeal Panel was not satisfied that the Appellant may have suffered a substantial miscarriage of justice or that the Decision was not fair and equitable. The contracts gave the Respondent or its subcontractors discretion over matters such as music, audiovisuals, stage effects, styling and timing, and the Appellant's evidence did not establish that the Respondent failed to perform its obligations with due care and skill. The Appellant bore the onus of proving his case, and the Respondent's failure to call subcontractors did not make the Appellant's case successful.

Court Disposition

Appeal dismissed.

Orders

  • ['A further hearing of the appeal is dispensed with.' 'Appeal dismissed.']