Brock v Seymour [2019] NSWCATAP 277
The appeal was dismissed and leave refused because Ms Brock failed to comply with directions to provide a transcript or sound recording of the original hearing, rendering it impossible for the Appeal Panel to determine whether there was procedural unfairness or error by the Tribunal Member; further, the new evidence did not meet the statutory test required for leave.
- Jurisdiction
- Australia
- Judgment Date
- 21 November 2019
- Procedural Posture
- Appeal / Leave to Appeal and Appeal Determination
- Outcome
- Leave to appeal is refused and the appeal is dismissed.
- Legal Topics
- ['retail Lease Disputes' 'tribunal Internal Appeals' 'procedural Fairness' 'mediation Agreements']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Leave to Appeal and Appeal Determination
Legal Issues
- 1 ['Whether the Tribunal Member erred in determining the matter by reference to the Mediation Agreement without adequate opportunity for appellant to provide evidence' 'Whether the Mediation Agreement was still in force at the time of the hearing' 'Whether significant new evidence justified leave to appeal']
Ratio Decidendi
The appeal was dismissed and leave refused because Ms Brock failed to comply with directions to provide a transcript or sound recording of the original hearing, rendering it impossible for the Appeal Panel to determine whether there was procedural unfairness or error by the Tribunal Member; further, the new evidence did not meet the statutory test required for leave.
Court Disposition
Leave to appeal is refused and the appeal is dismissed.
Orders
- ['Leave to appeal is refused and the appeal is dismissed.']
Full Case Text
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