Wilcock v Intense Concrete Constructions Pty Ltd [2024] NSWCATAP 230

Wilcock v Intense Concrete Constructions Pty Ltd [2024] NSWCATAP 230

Leave to appeal was refused because the appellant failed to provide a transcript or recording of oral reasons, preventing the Appeal Panel from assessing whether the decision was against the weight of evidence, and the alleged new evidence did not meet the threshold for leave since it was not unavailable at the original hearing. No error of law or basis for leave was established.

Parties
Appellant: Craig Alan Wilcock; Respondent: Intense Concrete Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
19 November 2024
Procedural Posture
Civil Appeal / Appeal Panel Decision
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
Leave to Appeal, Weight of Evidence, New Evidence, Procedural Fairness
Tribunal Procedure Leave to Appeal Weight of Evidence New Evidence Procedural Fairness

Case Brief

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Parties

Craig Alan Wilcock

Appellant

Intense Concrete Constructions Pty Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether leave should be granted to appeal based on the decision being against the weight of evidence
  2. 2 Whether leave should be granted to appeal based on significant new evidence not reasonably available at the initial hearing
  3. 3 Whether the Tribunal member's expertise or comments affected the fairness of the original decision

Ratio Decidendi

Leave to appeal was refused because the appellant failed to provide a transcript or recording of oral reasons, preventing the Appeal Panel from assessing whether the decision was against the weight of evidence, and the alleged new evidence did not meet the threshold for leave since it was not unavailable at the original hearing. No error of law or basis for leave was established.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • Leave to Appeal is refused.
  • The appeal is dismissed.