Campbell v Kerry M Ryan Pty Ltd

The applicant, Campbell, entered into a contract with the respondent, Kerry M Ryan Pty Ltd, for the purchase of a removal house. The house was delivered but not positioned and stumped until later. Campbell commenced proceedings in the Tribunal seeking damages for breach of contract, which were dismissed. Campbell now seeks leave to appeal that decision and to rely on additional evidence not previously available. The central legal issues pertain to whether the additional evidence was reasonably available during the original hearing and whether it should be allowed. Additionally, the court must determine if leave to appeal should be granted.

The court examined the availability and admissibility of the additional evidence. It found that the evidence was not reasonably available at the original hearing. Furthermore, the court held that the additional evidence did not warrant an appeal, as it did not present a new legal or factual basis that could alter the original decision. The court concluded that the appeal was without merit and denied leave to appeal. The court further ordered the exchange of submissions on the costs of the appeal among the parties by specified dates and noted that any application for costs would be decided on the papers unless an oral hearing was requested.

As a result of the court's decision, the appeal was dismissed, and the Tribunal's original decision was upheld. The court mandated the exchange of submissions on the appeal costs, outlining specific deadlines for each party. Any further applications regarding the costs would be determined on the papers unless a party requested an oral hearing. This decision ensures that the legal process remains efficient while addressing the procedural aspects of the appeal.