Liang v University of Technology, Sydney [2018] NSWCATAP 285

Liang v University of Technology, Sydney [2018] NSWCATAP 285

The appeal was dismissed because the appellant did not identify any error of law in the Tribunal's decision and did not establish grounds warranting leave to appeal. The Tribunal was entitled to dismiss the original application for lack of evidence that there were errors in the examination process, that the course was not provided with due care and skill, or that the appellant was treated unfairly. The preliminary applications were refused because the transfer provisions relied on concerned Division functions and did not apply to the Appeal Panel appeal, no question of law requiring referral to the Supreme Court was identified, the proposed summonses sought material relating to the...

Jurisdiction
Australia
Judgment Date
29 November 2018
Procedural Posture
Internal Appeal From a Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal Dismissing a Consumer Claim Concerning University Teaching Services / Appeal Panel Hearing With Preliminary Applications for Transfer, Referral of Questions of Law, Summonses and Adjournment
Outcome
Appeal dismissed; leave to appeal refused; all preliminary applications refused; costs submissions timetable made.
Legal Topics
['ncat Internal Appeal' 'questions of Law' 'leave to Appeal' 'procedural Fairness' 'summonses' 'transfer to Supreme Court' 'referral of Questions of Law' 'adjournment' 'consumer Guarantees for Services' 'onus of Proof']
['administrative Law' 'consumer Law' 'education Services' 'civil Procedure' 'appeals'] ['ncat Internal Appeal' 'questions of Law' 'leave to Appeal' 'procedural Fairness' 'summonses' 'transfer to Supreme Court' 'referral of Questions of Law' 'adjournment' 'consumer Guarantees for Services' 'onus of Proof']

Case Brief

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Procedural Posture

Internal Appeal From a Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal Dismissing a Consumer Claim Concerning University Teaching Services / Appeal Panel Hearing With Preliminary Applications for Transfer, Referral of Questions of Law, Summonses and Adjournment

Legal Issues

  1. 1 ['Whether the appeal should be transferred to the Supreme Court of NSW under cll 5(7) or 6 of Sch 4 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether any question of law arising in the appeal should be referred to the Supreme Court of NSW under s 54 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether summonses should issue on the appeal for documents or witnesses relating to the original dispute or asserted new evidence.' 'Whether the appeal hearing should be adjourned because the appellant had commenced proceedings in the Supreme Court of NSW.' "Whether the appellant identified an error of law in the Tribunal's dismissal of her application." 'Whether leave to appeal should be granted on grounds other than questions of law.']

Ratio Decidendi

The appeal was dismissed because the appellant did not identify any error of law in the Tribunal's decision and did not establish grounds warranting leave to appeal. The Tribunal was entitled to dismiss the original application for lack of evidence that there were errors in the examination process, that the course was not provided with due care and skill, or that the appellant was treated unfairly. The preliminary applications were refused because the transfer provisions relied on concerned Division functions and did not apply to the Appeal Panel appeal, no question of law requiring referral to the Supreme Court was identified, the proposed summonses sought material relating to the...

Court Disposition

Appeal dismissed; leave to appeal refused; all preliminary applications refused; costs submissions timetable made.

Orders

  • ['Application to transfer the appeal to Supreme Court of NSW refused.' 'Application to refer questions of law to the Supreme Court of NSW refused.' 'Application for the issue of summonses refused.' 'Application to adjourn the appeal proceedings refused.' 'Appeal dismissed.' 'Leave to appeal refused.' 'The respondent...