Tsallas v Pererra [2016] NSWCATAP 211

Tsallas v Pererra [2016] NSWCATAP 211

Leave to appeal is refused because the appellant failed to provide a record of the Tribunal's reasons or the relevant transcript, making it impossible for the Appeal Panel to be satisfied that there was an error of law or a substantial miscarriage of justice. Therefore, the appellant has not met the requirements for leave under Sch 4 cl 12 of the Civil and Administrative Tribunal Act 2013.

Jurisdiction
Australia
Judgment Date
16 September 2016
Procedural Posture
Internal Appeal / Leave to Appeal Determination and Appeal Decision
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
['appeals' 'miscarriage of Justice' 'contractual Disputes' 'weight of Evidence']
['administrative Law' 'contract Law'] ['appeals' 'miscarriage of Justice' 'contractual Disputes' 'weight of Evidence']

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

Internal Appeal / Leave to Appeal Determination and Appeal Decision

Legal Issues

  1. 1 ['Whether the Tribunal decision was affected by an error of law' 'Whether the decision was against the weight of evidence' 'Whether leave to appeal should be granted based on a substantial miscarriage of justice']

Ratio Decidendi

Leave to appeal is refused because the appellant failed to provide a record of the Tribunal's reasons or the relevant transcript, making it impossible for the Appeal Panel to be satisfied that there was an error of law or a substantial miscarriage of justice. Therefore, the appellant has not met the requirements for leave under Sch 4 cl 12 of the Civil and Administrative Tribunal Act 2013.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • ['Leave to appeal is refused' 'The appeal is otherwise dismissed']