Strbik v Allies Security Services Pty Ltd [2014] NSWCATAP 91

Strbik v Allies Security Services Pty Ltd [2014] NSWCATAP 91

Leave to appeal was refused because the appellant identified no error of law, no denial of procedural fairness, no substantial miscarriage of justice, and no basis showing that the decision was unfair, against the weight of evidence, or affected by significant new evidence. The additional documents were available at the original hearing and were not new evidence, and the Tribunal's finding that the appellant had not satisfactorily completed the course assessments and was not entitled to a certificate was open on the evidence. The appeal was otherwise dismissed because no relevant error was discerned.

Jurisdiction
Australia
Judgment Date
21 November 2014
Procedural Posture
Appeal From a Decision of the Consumer and Commercial Division of the Tribunal / Application for Leave to Appeal and Appeal Determined on the Papers
Outcome
Application for leave to appeal dismissed; appeal otherwise dismissed.
Legal Topics
['leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice' 'procedural Fairness' 'new Evidence' 'weight of Evidence' 'security Operations Course Certificate' 'breach of Agreement']
['administrative Law' 'consumer and Commercial Disputes' 'appeals'] ['leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice' 'procedural Fairness' 'new Evidence' 'weight of Evidence' 'security Operations Course Certificate' 'breach of Agreement']

Case Brief

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Procedural Posture

Appeal From a Decision of the Consumer and Commercial Division of the Tribunal / Application for Leave to Appeal and Appeal Determined on the Papers

Legal Issues

  1. 1 ['Whether the appellant identified any question of law permitting an appeal as of right.' 'Whether leave to appeal should be granted on the basis that the appellant may have suffered a substantial miscarriage of justice.' 'Whether the additional documents relied on by the appellant were significant new evidence not reasonably available at the time of the original hearing.' "Whether the Tribunal's finding that the appellant had not completed the necessary course assessments and had not established breach of agreement was open on the evidence."]

Ratio Decidendi

Leave to appeal was refused because the appellant identified no error of law, no denial of procedural fairness, no substantial miscarriage of justice, and no basis showing that the decision was unfair, against the weight of evidence, or affected by significant new evidence. The additional documents were available at the original hearing and were not new evidence, and the Tribunal's finding that the appellant had not satisfactorily completed the course assessments and was not entitled to a certificate was open on the evidence. The appeal was otherwise dismissed because no relevant error was discerned.

Court Disposition

Application for leave to appeal dismissed; appeal otherwise dismissed.

Orders

  • ['Application for leave to appeal is dismissed;' 'The appeal is otherwise dismissed']