13 Nov 2025
Permission to appeal was refused because the appellant's complaints were disagreements with the Tribunal's factual and credibility findings—which do not raise errors of law—and the Tribunal properly performed its inquisitorial duty under s16(3) SCTO with supporting documentary and photographic evidence; consequently there was no arguable legal basis for appeal.
11 Mar 2025
The specific provisions in clauses 4(f)(2)-(4) and the Third Schedule, which expressly require no deposits or monthly management fees from carpark owners and tie further contributions to those who pay monthly sums, must be given effect; consequently carpark owners are not liable to pay contributions under clause 4(f)(1) and the appellant's proposed appeal was unarguable and without reasonable prospect of success, so leave to appeal is dismissed.
12 Sept 2001
The adjudicator failed to determine whether the claimant had taken reasonable steps to mitigate its loss under Article 6 of its constitution and failed adequately to deal with the appellants' counterclaims; these omissions were legal errors affecting the quantum of recovery and warranted allowing the appeal and remitting the matter to the Small Claims Tribunal for retrial before another adjudicator.
10 Dec 1999
The Small Claims Tribunal's factual finding that a settlement agreement existed is binding; the settlement agreement was not conditional and the outstanding balance was paid by cheque which cleared; therefore the awards and orders of the Small Claims Tribunal based on amounts already set off were quashed.
10 Dec 1999
The appeal was allowed because the Small Claims Tribunal's finding that a written settlement agreement existed could not be impeached by treating unfulfilled conditions in separate credit notes as vitiating the settlement; payment of the agreed balance by cheque satisfied the settlement and the Tribunal's awards based on refusing the agreed set-off were quashed.