Upton v Martin and Stein Antiques Pty Ltd [2017] NSWCATAP 175

Upton v Martin and Stein Antiques Pty Ltd [2017] NSWCATAP 175

Ms Upton failed to establish any error of law by the Tribunal, as costs and interest were properly considered according to legislative provisions, no denial of procedural fairness was identified, and leave to appeal was refused for absence of a substantial miscarriage of justice.

Parties
Appellant: Sandra Upton; Respondent: Martin & Stein Pty Ltd
Jurisdiction
Australia
Judgment Date
17 August 2017
Procedural Posture
Appeal / Appeal Determination
Outcome
appeal dismissed, leave to appeal refused
Legal Topics
Appeals, Costs, Consumer Law, Tribunal Procedure
Civil Procedure Appeals Costs Consumer Law Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Sandra Upton

Appellant

Martin & Stein Pty Ltd

Respondent

Procedural Posture

Appeal / Appeal Determination

Legal Issues

  1. 1 Whether the Tribunal made any error of law in its assessment of damages, costs, or interest.
  2. 2 Whether leave to appeal should be granted due to a substantial miscarriage of justice.
  3. 3 Whether the Tribunal failed to award post-judgment interest, consider all costs as special circumstances, or denied procedural fairness.

Ratio Decidendi

Ms Upton failed to establish any error of law by the Tribunal, as costs and interest were properly considered according to legislative provisions, no denial of procedural fairness was identified, and leave to appeal was refused for absence of a substantial miscarriage of justice.

Court Disposition

appeal dismissed, leave to appeal refused

Orders

  • Appeal dismissed.
  • Leave to appeal refused.