Hadchiti v Schepis [2024] NSWCATAP 11

Hadchiti v Schepis [2024] NSWCATAP 11

The appeal fails as the Tribunal conducted the hearing fairly, properly considered evidence, did not err in applying the burden of proof, and there is no substantive error of law or grounds to grant leave to appeal.

Jurisdiction
Australia
Judgment Date
29 January 2024
Procedural Posture
Appeal / Final Decision
Outcome
Appeal dismissed; leave to appeal refused
Legal Topics
['australian Consumer Law' 'procedural Fairness' 'burden of Proof']
['consumer Law'] ['australian Consumer Law' 'procedural Fairness' 'burden of Proof']

Case Brief

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Procedural Posture

Appeal / Final Decision

Legal Issues

  1. 1 ['Whether the appellant was denied procedural fairness' "Whether the Tribunal's decision was not fair and equitable" "Whether the Tribunal's decision was against the weight of the evidence" 'Whether significant new evidence warrants leave to appeal']

Ratio Decidendi

The appeal fails as the Tribunal conducted the hearing fairly, properly considered evidence, did not err in applying the burden of proof, and there is no substantive error of law or grounds to grant leave to appeal.

Court Disposition

Appeal dismissed; leave to appeal refused

Orders

  • ['In so far as the appeal raises a question of law, the appeal is dismissed.' 'In so far as the appeal raises other errors, leave to appeal is refused.' 'No order as to costs.']