Stojonoff v Webber (No 2) [2024] NSWCATAP 137

Stojonoff v Webber (No 2) [2024] NSWCATAP 137

Luke Webber was joined because he was a party below and joinder would ensure all issues arising out of the contract were disposed of. The procedural fairness ground failed because Ms Stojonoff's evidence that the Tribunal member fell asleep was unsatisfactory, the sound recording showed the member was alert and active, and Ms Webber's evidence was persuasive. The constructive failure ground failed because the Tribunal had dealt expressly or implicitly with the pleaded breach and total failure of consideration issues. Leave to appeal was refused because no appealable error or substantial miscarriage of justice was shown, the weight-of-evidence complaint could not be assessed without a...

Jurisdiction
Australia
Judgment Date
16 July 2024
Procedural Posture
Appeal From a Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal / Appeal Panel Determination of Joinder, Leave to Appeal, Appeal, and Application for Non Publication
Outcome
Leave to appeal refused; appeal dismissed; application for non-publication dismissed; Luke Webber joined as respondent.
Legal Topics
['leave to Appeal' 'procedural Fairness' 'constructive Failure to Exercise Jurisdiction' 'non Publication Order' 'open Justice' 'australian Consumer Law Consumer Guarantees']
['appeals' 'civil Procedure' 'administrative Law' 'consumer Law'] ['leave to Appeal' 'procedural Fairness' 'constructive Failure to Exercise Jurisdiction' 'non Publication Order' 'open Justice' 'australian Consumer Law Consumer Guarantees']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From a Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal / Appeal Panel Determination of Joinder, Leave to Appeal, Appeal, and Application for Non Publication

Legal Issues

  1. 1 ['Whether Luke Webber should be joined as a respondent to the appeal' 'Whether the Tribunal failed to afford procedural fairness to Ms Stojonoff by reason of the Tribunal member allegedly falling asleep during the hearing' 'Whether the Tribunal constructively failed to exercise its jurisdiction' 'Whether Ms Stojonoff should be granted leave to appeal' 'Whether the decision should not be published on the NSW Caselaw website']

Ratio Decidendi

Luke Webber was joined because he was a party below and joinder would ensure all issues arising out of the contract were disposed of. The procedural fairness ground failed because Ms Stojonoff's evidence that the Tribunal member fell asleep was unsatisfactory, the sound recording showed the member was alert and active, and Ms Webber's evidence was persuasive. The constructive failure ground failed because the Tribunal had dealt expressly or implicitly with the pleaded breach and total failure of consideration issues. Leave to appeal was refused because no appealable error or substantial miscarriage of justice was shown, the weight-of-evidence complaint could not be assessed without a...

Court Disposition

Leave to appeal refused; appeal dismissed; application for non-publication dismissed; Luke Webber joined as respondent.

Orders

  • ['Luke Webber is joined as a respondent to these proceedings.' 'Leave to appeal is refused.' 'The appeal is dismissed.' 'The application of the appellant in the application for miscellaneous matters filed on 19 June 2024 that this decision is not published on the NSW Caselaw website is dismissed.']