Green Engineering Pty Ltd v Merenda [2016] NSWCATAP 144

Green Engineering Pty Ltd v Merenda [2016] NSWCATAP 144

The appeal on a question of law was dismissed because the appellant conceded that no question of law was raised and the Appeal Panel considered that none was available. Leave to appeal was refused because no foundation was shown for a substantial miscarriage of justice, unfairness, decision against the weight of evidence, or significant new evidence. The Appeal Panel found special circumstances for costs because the appeal was wholly devoid of merit and raised matters not pursued, including challenges to orders already complied with.

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Appeal / Appeal Panel Decision on Appeal From the Consumer and Commercial Division
Outcome
Appeal on a question of law dismissed; leave to appeal on any other ground refused; appellant ordered to pay the respondent's costs of the appeal on the ordinary basis as agreed or assessed.
Legal Topics
['appeal on a Question of Law' 'leave to Appeal' 'false and Misleading Representations' 'solar System Supply and Installation' 'special Circumstances for Costs']
['consumer Law' 'home Building' 'civil Procedure' 'costs'] ['appeal on a Question of Law' 'leave to Appeal' 'false and Misleading Representations' 'solar System Supply and Installation' 'special Circumstances for Costs']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision on Appeal From the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether the appeal raised any question of law.' 'Whether leave to appeal should be granted on any other ground, including alleged unfairness, weight of evidence, or substantial miscarriage of justice.' 'Whether special circumstances justified an order for costs of the appeal.' 'How to address the $4,000 described as a government rebate held in trust.']

Ratio Decidendi

The appeal on a question of law was dismissed because the appellant conceded that no question of law was raised and the Appeal Panel considered that none was available. Leave to appeal was refused because no foundation was shown for a substantial miscarriage of justice, unfairness, decision against the weight of evidence, or significant new evidence. The Appeal Panel found special circumstances for costs because the appeal was wholly devoid of merit and raised matters not pursued, including challenges to orders already complied with.

Court Disposition

Appeal on a question of law dismissed; leave to appeal on any other ground refused; appellant ordered to pay the respondent's costs of the appeal on the ordinary basis as agreed or assessed.

Orders

  • ['Order that the appeal on a question of law be dismissed.' 'Refuse leave to appeal on any other ground.' "Order the appellant to pay the respondents' costs of the appeal on the ordinary basis as agreed or assessed." 'Note the undertaking of Mr John Gibson, solicitor to account to the appropriate instrumentality of...