Cockerell v Hunter Douglas Ltd

Cockerell brought a claim against Hunter Douglas Ltd in the Federal Circuit Court over a dispute related to the supply and installation of windows. The primary judge dismissed the case, leading to an appeal to the Full Court of the Federal Court. The appellant contended that the tribunal had erred in its assessment of the room's orientation, which influenced the decision regarding the suitability of the windows. Additionally, the appellant argued that the tribunal did not adequately consider the implications of the windows' installation, particularly the impact on the room's functionality and aesthetic.

The Full Court considered whether the tribunal's error in assessing the room's orientation was material to the decision and whether the appellant was attempting to introduce new issues that had already been examined by the tribunal. The court found that the error did not result in substantial injustice and that the tribunal had correctly assessed the issues regarding the windows' suitability and installation. Furthermore, the court noted that the appellant was seeking to make submissions on matters that had already been considered and resolved by the tribunal.

The Full Court concluded that the appeal was without merit as the error identified did not materially affect the outcome and the appellant was attempting to re-litigate matters already decided. The Full Court accordingly dismissed the appeal and confirmed the primary judge's decision. Consequently, leave to appeal to the High Court was also refused.