174 Petawatts Pty Ltd v Pocock

174 Petawatts Pty Ltd brought an action against Pocock in the ACT Civil and Administrative Tribunal, which sat as a Minor Civil Dispute Tribunal, seeking an order for the payment of $10,000. The defendant disputed liability and denied the claim, arguing that the evidence relied on by the plaintiff had been altered. The Tribunal dismissed the claim on the basis that the plaintiff had failed to establish its case on the balance of probabilities. 174 Petawatts appealed to the ACT Supreme Court, seeking to set aside the decision of the Tribunal. The court was required to consider whether there was sufficient evidence that the documentary evidence had been altered, and if so, whether that evidence was relevant to the outcome of the case, and whether there had been a substantial injustice caused by the altered evidence. The court found that there was prima facie evidence that the documentary evidence had been altered, and that this evidence was relevant to the outcome of the case. The court found that the Tribunal had failed to consider the effect of the altered evidence, and that this had caused a substantial injustice to the plaintiff. The court granted leave to appeal and set aside the decision of the Tribunal. The appeal was allowed and the matter was remitted for a compulsory conference before the Tribunal.