Gonzalez-Brien v My Million Dollar Funnels Pty Ltd [2022] NSWCATAP 58

Gonzalez-Brien v My Million Dollar Funnels Pty Ltd [2022] NSWCATAP 58

The appellant did not establish any error of law and did not establish that the Tribunal's findings of fact were against the weight of evidence or that the decision was not fair and equitable. The findings that the respondent provided the agreed services, including a funnel and marketing services, were open on the available evidence. Leave was therefore not warranted and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
02 March 2022
Procedural Posture
Consumer Claim Appeal / Appeal From Dismissal of Application in the Consumer & Commercial Division of the NSW Civil & Administrative Tribunal
Outcome
Appeal dismissed
Legal Topics
['consumer Claim' 'internal Appeal' 'leave to Appeal' 'question of Law' 'weight of Evidence' 'consumer Guarantees' 'marketing Services Agreement']
['consumer Law' 'civil Procedure' 'administrative Law'] ['consumer Claim' 'internal Appeal' 'leave to Appeal' 'question of Law' 'weight of Evidence' 'consumer Guarantees' 'marketing Services Agreement']

Case Brief

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Procedural Posture

Consumer Claim Appeal / Appeal From Dismissal of Application in the Consumer & Commercial Division of the NSW Civil & Administrative Tribunal

Legal Issues

  1. 1 ["Whether the appellant identified any error of law in the Tribunal's decision." 'Whether leave to appeal should be granted on the basis that the decision under appeal was against the weight of evidence or was not fair and equitable.' "Whether the Tribunal's findings that the respondent provided the agreed funnel and marketing services were open on the evidence."]

Ratio Decidendi

The appellant did not establish any error of law and did not establish that the Tribunal's findings of fact were against the weight of evidence or that the decision was not fair and equitable. The findings that the respondent provided the agreed services, including a funnel and marketing services, were open on the available evidence. Leave was therefore not warranted and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.']