Janos Hoey v Consumer Trader & Tenancy Tribunal & Anor [2002] NSWSC 1023

Janos Hoey v Consumer Trader & Tenancy Tribunal & Anor [2002] NSWSC 1023

Because there was no transcript or oral evidence before the Court and the Tribunal's finding that the labelling was inadequate was a finding of fact made on the issue litigated by the parties, the plaintiff did not demonstrate any error of law. The appeal therefore failed.

Jurisdiction
Australia
Judgment Date
30 October 2002
Procedural Posture
Appeal From Consumer Trader & Tenancy Tribunal Decision / Judgment on Summons
Outcome
Summons dismissed.
Legal Topics
['appeal From Tribunal' 'error of Law' 'misleading and Deceptive Labelling' 'fair Trading Act 1987, S 42' 'adequacy of Evidence on Appeal']
['administrative Law' 'consumer Law'] ['appeal From Tribunal' 'error of Law' 'misleading and Deceptive Labelling' 'fair Trading Act 1987, S 42' 'adequacy of Evidence on Appeal']

Case Brief

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Procedural Posture

Appeal From Consumer Trader & Tenancy Tribunal Decision / Judgment on Summons

Legal Issues

  1. 1 ["Whether the Tribunal's finding that the Feed Rite label was inadequate involved an error of law." 'Whether the Tribunal made findings without evidence or failed to give proper weight to evidence.' "Whether the plaintiff discharged the onus of showing an error of law justifying disturbance of the Tribunal's decision."]

Ratio Decidendi

Because there was no transcript or oral evidence before the Court and the Tribunal's finding that the labelling was inadequate was a finding of fact made on the issue litigated by the parties, the plaintiff did not demonstrate any error of law. The appeal therefore failed.

Court Disposition

Summons dismissed.

Orders

  • ['The Summons is dismissed.' 'The plaintiff is to pay the costs of the Summons.' 'The Exhibits are returned.']