Akratos v Papadopoulos [2016] NSWCATAP 139

Akratos v Papadopoulos [2016] NSWCATAP 139

The Appeal Panel found that the grounds of appeal did not establish that the Tribunal’s decision was not fair and equitable, that any procedural or evidentiary irregularities did not cause prejudice to the appellant, that the evidence supported the order made, and no substantial miscarriage of justice was established. Therefore, leave to appeal was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Appeal / Application for Leave to Appeal and Substantive Appeal Disposition
Outcome
Leave to appeal refused; appeal dismissed; stay lifted
Legal Topics
['leave to Appeal' 'procedural Fairness' 'home Building Orders' 'renewal of Proceedings' 'evidence' 'internal Appeals']
['administrative Law' 'civil Procedure' 'home Building Law'] ['leave to Appeal' 'procedural Fairness' 'home Building Orders' 'renewal of Proceedings' 'evidence' 'internal Appeals']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal and Substantive Appeal Disposition

Legal Issues

  1. 1 ['Whether the decision of the Tribunal below was not fair and equitable under Schedule 4, cl 12(1)(a)' 'Whether the Tribunal erred in admitting and relying upon evidence that was not filed and served within time' 'Whether any substantial miscarriage of justice occurred justifying leave to appeal' 'Whether new evidence is available within the meaning of cl 12(1)(c) of Schedule 4']

Ratio Decidendi

The Appeal Panel found that the grounds of appeal did not establish that the Tribunal’s decision was not fair and equitable, that any procedural or evidentiary irregularities did not cause prejudice to the appellant, that the evidence supported the order made, and no substantial miscarriage of justice was established. Therefore, leave to appeal was refused and the appeal dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed; stay lifted

Orders

  • ["The appellant's application for leave to appeal is refused." "The appellant's appeal is otherwise dismissed." 'The stay granted on 18 July 2014 is lifted forthwith.']