Saif v Sharma [2022] NSWCATAP 46

Saif v Sharma [2022] NSWCATAP 46

Significant new evidence regarding the identity of the selling entity (BEA) was not reasonably available to the appellants at the Tribunal hearing due to Covid-19 lockdown. The evidence could have led to a different outcome, warranting leave to appeal, setting aside Tribunal orders, and remitting the matter.

Jurisdiction
Australia
Judgment Date
18 February 2022
Procedural Posture
Appeal / Decision of Appeal Panel Remitting Matter to Tribunal
Outcome
appeal upheld; leave to appeal granted; Tribunal orders set aside; matter remitted to Tribunal
Legal Topics
['leave to Appeal' 'miscarriage of Justice' 'new Evidence' 'identity of Seller' 'australian Consumer Law S 54']
['consumer Law'] ['leave to Appeal' 'miscarriage of Justice' 'new Evidence' 'identity of Seller' 'australian Consumer Law S 54']

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Procedural Posture

Appeal / Decision of Appeal Panel Remitting Matter to Tribunal

Legal Issues

  1. 1 ['Whether the appellants or Business Empower Australia Pty Ltd sold the vehicle to the respondent' 'Whether significant new evidence warrants leave to appeal and setting aside Tribunal orders']

Ratio Decidendi

Significant new evidence regarding the identity of the selling entity (BEA) was not reasonably available to the appellants at the Tribunal hearing due to Covid-19 lockdown. The evidence could have led to a different outcome, warranting leave to appeal, setting aside Tribunal orders, and remitting the matter.

Court Disposition

appeal upheld; leave to appeal granted; Tribunal orders set aside; matter remitted to Tribunal

Orders

  • ['Mohsin Saif is joined as a party to the appeal.' 'Leave to appeal granted.' 'Appeal upheld.' 'The orders of the Tribunal dated 17 September 2021 are set aside.' 'The proceedings are remitted to the Tribunal to be determined according to law.' 'Business Empower Australia Pty Ltd is joined as the second respondent...