Doman v Percival

In the matter of Doman v Percival, the primary dispute involved an oral contract for building work between the parties. The crux of the disagreement was centred around the rate agreed for the work and the hours allegedly worked. The case was brought before the court to determine whether there were sufficient grounds for leave to appeal a previous decision.

The legal issues at hand required the court to examine whether the grounds for leave to appeal were valid. These grounds included the alleged failure of the tribunal to properly consider the evidence of hours worked, the enforcement of a mediation agreement, and the tribunal’s handling of the evidence presented. Specifically, the court needed to ascertain whether the tribunal erred in not accepting certain letters as evidence, and whether there was an error in not accepting evidence regarding the terms of a settlement agreement.

The court meticulously reviewed the arguments presented and found that the applicant had not established a prima facie case for leave to appeal. The tribunal's decision to exclude certain letters due to the lack of statutory declarations or the availability of authors to testify was deemed reasonable. Additionally, the court found no error in the tribunal’s decision not to accept evidence of a settlement agreement due to its inadmissibility under the relevant law. The court concluded that the applicant had not demonstrated that the tribunal had made an error of law or that the decision was unjust.

Accordingly, the court refused the applicant leave to appeal, affirming the tribunal's decision as correct.