Kerr v Paku and Anor

The matter involved an appellant who claimed damage to a fence was caused by tree roots growing from trees on the neighbouring property. The appellant filed the claim with the Civil and Administrative Tribunal of New South Wales, which was dismissed by an adjudicator. The appellant then appealed to the Administrative Decisions Tribunal of New South Wales, which dismissed the appeal on the basis that there were no grounds to allow fresh evidence and no grounds for leave to appeal. The appellant subsequently appealed to the Supreme Court of New South Wales. The central issue was whether the appellant's fresh evidence was admissible and whether there were grounds for leave to appeal. The court had to determine whether the adjudicator's decision was based on a proper consideration of the evidence and whether the tribunal's decision was legally sound.

The court found that the adjudicator's decision was based on a proper consideration of the evidence. The adjudicator had reviewed the evidence and found that the damage was not caused by tree roots. The court also found that the tribunal's decision was legally sound. The tribunal had considered the fresh evidence but found that it did not change the outcome of the case. The court held that the tribunal's decision was not based on an error of law and that there were no grounds for leave to appeal. The court further found that the appellant's fresh evidence was not admissible as it was not relevant to the issue of whether the tree roots caused the damage.

The Supreme Court of New South Wales dismissed the appeal. The court held that the adjudicator's decision was based on a proper consideration of the evidence and that the tribunal's decision was legally sound. The court also found that there were no grounds for leave to appeal and that the appellant's fresh evidence was not admissible. The court's decision was based on a careful review of the evidence and a sound application of the law. The appeal was dismissed, and the decision of the tribunal was upheld.