Xu v Ling [2022] NSWCATAP 266

Xu v Ling [2022] NSWCATAP 266

No error of law or injustice was established in the Tribunal's original decision; the evidence and procedure were correctly applied, ground for leave to appeal was not made out and the appeal must therefore be dismissed.

Jurisdiction
Australia
Judgment Date
12 August 2022
Procedural Posture
Appeal / Leave to Appeal and Merits of Appeal
Outcome
Leave to appeal refused; appeal dismissed; costs awarded to respondent with provision for application for different costs order.
Legal Topics
['internal Appeal Process' 'error of Law' 'procedural Fairness' 'hearsay Evidence' 'incident Handling of Expert Evidence' 'costs on Appeal']
['administrative Law' 'building and Construction Law'] ['internal Appeal Process' 'error of Law' 'procedural Fairness' 'hearsay Evidence' 'incident Handling of Expert Evidence' 'costs on Appeal']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal and Merits of Appeal

Legal Issues

  1. 1 ['Whether there was an error of law in the first instance decision' 'Whether the original decision was not fair and equitable' 'Whether the decision was against the weight of the evidence' 'Whether leave to appeal should be granted']

Ratio Decidendi

No error of law or injustice was established in the Tribunal's original decision; the evidence and procedure were correctly applied, ground for leave to appeal was not made out and the appeal must therefore be dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed; costs awarded to respondent with provision for application for different costs order.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.' "Subject to order 4, the appellant is to pay the respondent's costs of the appeal, on the ordinary basis, as agreed or assessed." 'If either party seeks a different costs order, Order 3 ceases to have effect and applications and responses regarding costs are...