Lazaris v Kale [2022] NSWCATAP 36

Lazaris v Kale [2022] NSWCATAP 36

The appeal was dismissed because the appellant did not provide a sound recording or transcript of the Tribunal's oral reasons or the hearing below, making it impossible to determine whether the asserted appeal grounds had any substance or whether the Tribunal erred. In addition, the appellant had complied with the Tribunal's orders and the amount in dispute was small, so there was no apparent utility in hearing the appeal.

Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Appeal From a Decision of the NSW Civil and Administrative Tribunal, Consumer and Commercial Division / Appeal Panel Hearing; Reasons Delivered After Appeal Dismissed on 16 November 2021
Outcome
Appeal dismissed.
Legal Topics
['appeal Procedure' 'proof and Evidence on Appeal' 'absence of Transcript or Sound Recording' 'adjournment Application' 'licensed Electrician Inspection and Certification']
['civil and Administrative Tribunal Appeals' 'consumer and Commercial Disputes' 'property Maintenance Services'] ['appeal Procedure' 'proof and Evidence on Appeal' 'absence of Transcript or Sound Recording' 'adjournment Application' 'licensed Electrician Inspection and Certification']

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 NSW Civil and Administrative Tribunal, Consumer and Commercial Division / Appeal Panel Hearing; Reasons Delivered After Appeal Dismissed on 16 November 2021

Legal Issues

  1. 1 ["Whether the appeal could be determined without a sound recording or transcript of the Tribunal's oral reasons or oral evidence." "Whether the appellant's allegations about the Tribunal's conduct and findings had any substance in the absence of a record of the hearing below." "Whether there was utility in hearing the appeal where the appellant had complied with the Tribunal's orders and the amount in dispute was small." "Whether the appellant's adjournment application should be granted."]

Ratio Decidendi

The appeal was dismissed because the appellant did not provide a sound recording or transcript of the Tribunal's oral reasons or the hearing below, making it impossible to determine whether the asserted appeal grounds had any substance or whether the Tribunal erred. In addition, the appellant had complied with the Tribunal's orders and the amount in dispute was small, so there was no apparent utility in hearing the appeal.

Court Disposition

Appeal dismissed.

Orders

  • ['Application for adjournment refused.' 'Appeal dismissed.']