Yuen v Thom [2016] NSWCATAP 243

Yuen v Thom [2016] NSWCATAP 243

The Appeal Panel was satisfied that the appellant understood that conciliation was undertaken to give the parties an opportunity to resolve the dispute, that she assented to the respondent's offer, signed a document recording the terms, and again confirmed the bargain before the Tribunal member. There was no duress, undue influence, mistake, non est factum, misrepresentation relied upon, or other vitiating circumstance. The Tribunal had power under s 59 of the Civil and Administrative Tribunal Act 2013 (NSW) to make a money order payable by instalments where the written signed agreement existed and the order type was within power. The consent orders should not be set aside, and it was not...

Jurisdiction
Australia
Judgment Date
11 November 2016
Procedural Posture
Appeal From Consent Orders Made by the Consumer and Commercial Division of the Civil and Administrative Tribunal / Appeal Panel Decision on Leave to Appeal and the Appeal
Outcome
Leave to appeal, if necessary, was granted; the appeal was dismissed.
Legal Topics
['consent Orders' 'agreed Settlement' 'leave to Appeal' 'question of Law' 'additional Evidence' 'mistake' 'duress' 'undue Influence' 'non Est Factum']
['civil and Administrative Tribunal' 'civil Procedure' 'contract Law'] ['consent Orders' 'agreed Settlement' 'leave to Appeal' 'question of Law' 'additional Evidence' 'mistake' 'duress' 'undue Influence' 'non Est Factum']

Case Brief

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Procedural Posture

Appeal From Consent Orders Made by the Consumer and Commercial Division of the Civil and Administrative Tribunal / Appeal Panel Decision on Leave to Appeal and the Appeal

Legal Issues

  1. 1 ['Whether the Tribunal complied with s 59 of the Civil and Administrative Tribunal Act 2013 (NSW) when making orders to give effect to an agreed settlement.' 'Whether there was an agreed settlement or whether the agreement process was flawed so that any putative agreement was vitiated.' 'Whether the Tribunal had power to make a money order payable by instalments.' 'Whether leave to appeal should be granted and whether additional evidence should be received.']

Ratio Decidendi

The Appeal Panel was satisfied that the appellant understood that conciliation was undertaken to give the parties an opportunity to resolve the dispute, that she assented to the respondent's offer, signed a document recording the terms, and again confirmed the bargain before the Tribunal member. There was no duress, undue influence, mistake, non est factum, misrepresentation relied upon, or other vitiating circumstance. The Tribunal had power under s 59 of the Civil and Administrative Tribunal Act 2013 (NSW) to make a money order payable by instalments where the written signed agreement existed and the order type was within power. The consent orders should not be set aside, and it was not...

Court Disposition

Leave to appeal, if necessary, was granted; the appeal was dismissed.

Orders

  • ['Leave to appeal, if necessary, is granted.' 'The appeal is dismissed.']