Team K Kustom Pty Ltd v Brar [2020] NSWCATAP 234

Team K Kustom Pty Ltd v Brar [2020] NSWCATAP 234

The appellant was not deprived of opportunity to present expert evidence; the purported new evidence was available at time of hearing or would not have been persuasive; the Tribunal's findings were open and reasonable on the evidence; there was no error of law or substantial miscarriage of justice; therefore, leave to appeal is refused and the appeal dismissed.

Parties
Appellant: Team K Kustom Pty Ltd; Respondent: Jaskaran Singh Brar
Jurisdiction
Australia
Judgment Date
11 November 2020
Procedural Posture
Appeal / Decision on Application for Leave to Appeal and Dismissal of Appeal
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
Internal Appeal, Leave to Appeal, Out of Time Notice of Appeal, Expert Evidence, Substantial Miscarriage of Justice, Procedural Fairness
Civil Procedure Consumer Law Internal Appeal Leave to Appeal Out of Time Notice of Appeal Expert Evidence Substantial Miscarriage of Justice Procedural Fairness

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Parties

Team K Kustom Pty Ltd

Appellant

Jaskaran Singh Brar

Respondent

Procedural Posture

Appeal / Decision on Application for Leave to Appeal and Dismissal of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted where notice of appeal filed out of time
  2. 2 Whether appellant was denied opportunity to present expert evidence
  3. 3 Whether Tribunal erred in giving weight to respondent's expert report

Ratio Decidendi

The appellant was not deprived of opportunity to present expert evidence; the purported new evidence was available at time of hearing or would not have been persuasive; the Tribunal's findings were open and reasonable on the evidence; there was no error of law or substantial miscarriage of justice; therefore, leave to appeal is refused and the appeal dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • The stay order made on 26 March 2020 is lifted.
  • Time for the filing of the Notice of Appeal is extended to 12 March 2020.