Medical & Aesthetic Training Academy Pty Ltd v Kim

Medical & Aesthetic Training Academy Pty Ltd filed a lawsuit against Kim, a consumer, in the Civil and Administrative Tribunal of New South Wales, regarding a dispute over fees paid for a training course in facial aesthetics. The plaintiff, a company providing professional training, alleged that the consumer had paid fees for a tuition course but had not received the agreed-upon instruction. Despite multiple attempts to contact the defendant for a refund, the defendant refused to refund the fees. The tribunal found that there had been a total failure of consideration, and as the defendant failed to appear at the primary hearing, a default judgement was entered against them.

The primary legal issues that the tribunal was required to decide were whether the consumer was entitled to a refund and whether the tribunal had jurisdiction to hear the appeal. The court had to consider whether the evidence provided by the defendant in support of the appeal was fresh evidence and whether the arguments presented on appeal had been adequately presented at the trial. The tribunal also had to determine whether the appeal was likely to succeed and whether there were any grounds for leave to appeal.

The tribunal dismissed the defendant's application for leave to appeal. The tribunal found that the evidence offered by the defendant on the hearing of the application for leave was not fresh evidence, and the arguments presented on appeal had not been presented at the trial. The tribunal also found that the appeal was unlikely to succeed and that there were no grounds for leave to appeal. The tribunal held that the application for leave to appeal was dismissed, and no further appeal could be taken. The default judgement entered against the defendant remained in place.