Solar SG Pty Ltd t/as Solar Service Group v Hufton [2019] NSWCATAP 147

Solar SG Pty Ltd t/as Solar Service Group v Hufton [2019] NSWCATAP 147

The evidence did not establish that the decision of the Tribunal below was not fair and equitable or was against the weight of the evidence, and no significant new evidence had arisen. The transcript of the telephone call was available at the original hearing and not tendered, so leave to admit it was refused. Therefore, there was no basis to grant leave to appeal, and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
17 June 2019
Procedural Posture
Appeal / Application for Leave to Appeal and Determination of Appeal
Outcome
Leave to appeal is refused. The appeal is dismissed.
Legal Topics
['unconscionable Conduct' 'appeal Procedure' 'new Evidence on Appeal' 'australian Consumer Law' 'consumer Claims']
['consumer Law' 'contract Law'] ['unconscionable Conduct' 'appeal Procedure' 'new Evidence on Appeal' 'australian Consumer Law' 'consumer Claims']

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Procedural Posture

Appeal / Application for Leave to Appeal and Determination of Appeal

Legal Issues

  1. 1 ["Whether the Tribunal's decision was fair and equitable" "Whether the Tribunal's decision was against the weight of evidence" 'Whether significant new evidence had arisen since the hearing below' 'Whether leave should be given to admit evidence available below']

Ratio Decidendi

The evidence did not establish that the decision of the Tribunal below was not fair and equitable or was against the weight of the evidence, and no significant new evidence had arisen. The transcript of the telephone call was available at the original hearing and not tendered, so leave to admit it was refused. Therefore, there was no basis to grant leave to appeal, and the appeal was dismissed.

Court Disposition

Leave to appeal is refused. The appeal is dismissed.

Orders

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