Darin v Olzomer

This matter concerned an application for judicial review of a decision made by an appellate court concerning an appeal from the Consumer, Trader and Tenancy Tribunal. The applicants sought to challenge the appellate court's determination, alleging an error of law on the face of the record.

The primary legal issues before the Court of Appeal were whether it was appropriate for the judicial review of the appellate court's decision to take the form of a rehearing of the original appeal, and whether the appellate court had erred in law by failing to make findings of fact essential to the award made by the Tribunal. The Court also considered whether a notice of contention could support such a decision on appeal with respect to a matter of law.

The Court of Appeal reasoned that judicial review of an appellate court's decision should not involve a rehearing of the appeal itself. It emphasised the need to identify the specific factual issues that were before the original decision-maker. The Court found that the alleged failure to make findings of fact was not a sufficient error to set aside the appellate court's decision, particularly in the context of the available procedural mechanisms for challenging such decisions.

The application for judicial review was dismissed, and the applicants were ordered to pay the costs of the first respondent.