Fit College Pty Ltd v Styrud [2015] NSWCATAP 280

Fit College Pty Ltd v Styrud [2015] NSWCATAP 280

The Appeal Panel found no error of law in the Tribunal's finding that Fit College neither assigned a mentor to Ms Styrud before 5 August 2014 nor arranged her practical experience with a qualified trainer in her area as required by the contract. The evidence provided showed general support and communication but did...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 December 2015
Procedural Posture
Internal Appeal From Decision of Consumer and Commercial Division, Civil and Administrative Tribunal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
['breach of Contract' 'assignment of Mentor' 'arrangement of Practical Experience' 'contractual Obligations in Education' 'grounds for Appeal']
['consumer Law' 'contract Law' 'education Law'] ['breach of Contract' 'assignment of Mentor' 'arrangement of Practical Experience' 'contractual Obligations in Education' 'grounds for Appeal']

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Procedural Posture

Internal Appeal From Decision of Consumer and Commercial Division, Civil and Administrative Tribunal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether Fit College breached the contract by failing to assign a mentor to Ms Styrud as required' "Whether Fit College breached the contract by failing to arrange Ms Styrud's practical experience with a qualified trainer in her local area" 'Whether any errors of law or errors against the weight of evidence were made at first instance']

Ratio Decidendi

The Appeal Panel found no error of law in the Tribunal's finding that Fit College neither assigned a mentor to Ms Styrud before 5 August 2014 nor arranged her practical experience with a qualified trainer in her area as required by the contract. The evidence provided showed general support and communication but did not fulfil the specific contractual obligations. Leave to appeal on other grounds was refused as the decision was supported by evidence and not against the weight of evidence.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']