Tachnat Pty Ltd v Farag [2019] NSWCATAP 119

Tachnat Pty Ltd v Farag [2019] NSWCATAP 119

The Appeal Panel held that the Tribunal's findings on the proper parties, the version and terms of the agreement, and the amount refundable were open on the evidence, were not against the weight of evidence, and were not manifestly unreasonable so as to constitute an error of law. The proposed metadata was not received because no reason was shown why it could not with reasonable diligence have been provided at the hearing, and it was not shown likely to produce a different outcome. No basis for leave to appeal was established.

Jurisdiction
Australia
Judgment Date
09 May 2019
Procedural Posture
Internal Appeal From the Consumer and Commercial Division Concerning a Migration Services Agreement Dispute / Appeal Panel Decision on Appeal and Leave to Appeal
Outcome
Appeal AP18/44775 is dismissed and leave to appeal is refused.
Legal Topics
['internal Appeal' 'leave to Appeal' 'weight of Evidence' 'identification of Contracting Parties' 'post Contractual Conduct' 'fresh Evidence' 'refund for Services Not Performed']
['administrative Law' 'consumer Law' 'contract Law' 'migration Services'] ['internal Appeal' 'leave to Appeal' 'weight of Evidence' 'identification of Contracting Parties' 'post Contractual Conduct' 'fresh Evidence' 'refund for Services Not Performed']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Internal Appeal From the Consumer and Commercial Division Concerning a Migration Services Agreement Dispute / Appeal Panel Decision on Appeal and Leave to Appeal

Legal Issues

  1. 1 ['Whether the Tribunal made findings against the weight of the evidence concerning amounts paid for migration work and services performed.' 'Whether the Tribunal correctly identified the proper parties to the agreement and proceedings.' 'Whether the Tribunal erred in rejecting reliance on a version of the agreement containing a special condition.' 'Whether fresh evidence, including metadata about the agreement, should be received on appeal.' 'Whether any alleged factual error amounted to an error of law or justified leave to appeal.']

Ratio Decidendi

The Appeal Panel held that the Tribunal's findings on the proper parties, the version and terms of the agreement, and the amount refundable were open on the evidence, were not against the weight of evidence, and were not manifestly unreasonable so as to constitute an error of law. The proposed metadata was not received because no reason was shown why it could not with reasonable diligence have been provided at the hearing, and it was not shown likely to produce a different outcome. No basis for leave to appeal was established.

Court Disposition

Appeal AP18/44775 is dismissed and leave to appeal is refused.

Orders

  • ['Appeal AP18/4775 is dismissed and leave to appeal is refused.']