Car Mart Direct Pty Ltd v Lesslie [2022] NSWCATAP 182

Car Mart Direct Pty Ltd v Lesslie [2022] NSWCATAP 182

There was no evidence presented of procedural unfairness or bias, and the appellant did not provide transcript or sound recording as instructed; the Tribunal correctly applied relevant principles and reached findings on available evidence. Leave to appeal was refused on all other grounds and the original order stands.

Source-derived case information.

Parties
Appellant: Car Mart Direct Pty Ltd; Respondent: Barbra Lesslie
Jurisdiction
Australia
Judgment Date
02 June 2022
Procedural Posture
Appeal / Final Determination of Appeal
Outcome
appeal dismissed; leave to appeal refused
Legal Topics
Statutory Warranty, Acceptable Quality, Procedural Fairness, Natural Justice, Leave to Appeal
Consumer Law Statutory Warranties Statutory Warranty Acceptable Quality Procedural Fairness Natural Justice Leave to Appeal

Source-derived case record

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Parties

Car Mart Direct Pty Ltd

Appellant

Barbra Lesslie

Respondent

Procedural Posture

Appeal / Final Determination of Appeal

Legal Issues

  1. 1 whether Tribunal failed to afford procedural fairness to appellant
  2. 2 whether Tribunal was biased in favour of respondent
  3. 3 whether additional remedy options not considered warranted leave to appeal

Ratio Decidendi

There was no evidence presented of procedural unfairness or bias, and the appellant did not provide transcript or sound recording as instructed; the Tribunal correctly applied relevant principles and reached findings on available evidence. Leave to appeal was refused on all other grounds and the original order stands.

Court Disposition

appeal dismissed; leave to appeal refused

Orders

  • In relation to any questions of law, the appeal is dismissed.
  • In relation to any other errors, leave to appeal is refused.