Williams t/as Select Stables v Mead [2024] NSWCATAP 211
The appeal was dismissed and leave to appeal refused because the appellant failed to comply with Tribunal directions to provide a recording or transcript from the first instance hearing, making it impossible to assess the alleged errors or establish a basis for granting leave to appeal.
- Parties
- Appellant: Taelar Rae Williams t/as Select Stables; Respondent: Carla Mead
- Jurisdiction
- Australia
- Judgment Date
- 25 October 2024
- Procedural Posture
- Appeal / Leave to Appeal and Appeal Determination
- Outcome
- Leave to appeal refused; appeal dismissed
- Legal Topics
- Appeals, Leave to Appeal, Procedural Fairness, Contract Interpretation, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Taelar Rae Williams t/as Select Stables
Appellant
Carla Mead
Respondent
Procedural Posture
Appeal / Leave to Appeal and Appeal Determination
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the Tribunal's decision was not fair and equitable
- 3 Whether the decision was against the weight of the evidence
Ratio Decidendi
The appeal was dismissed and leave to appeal refused because the appellant failed to comply with Tribunal directions to provide a recording or transcript from the first instance hearing, making it impossible to assess the alleged errors or establish a basis for granting leave to appeal.
Court Disposition
Leave to appeal refused; appeal dismissed
Orders
- Leave to appeal is refused.
- The appeal is otherwise dismissed.
Full Case Text
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