Service v Guererra

The appeal was brought by the applicant against a decision of the Tribunal which had dismissed their claim for the recovery of money paid for cosmetic treatment provided by the respondent. The Tribunal had found in favour of the respondent on the basis that the applicant had acknowledged the debt in writing and had not established that the signature was obtained under duress. The applicant sought leave to appeal on the grounds that the Tribunal had erred in law and had failed to observe the principles of natural justice. The appeal was brought to the court on the question of whether the Tribunal had jurisdiction to consider the vitiating effect of duress on the applicant’s signature and whether the Tribunal’s failure to do so resulted in a breach of natural justice.

The court found that the Tribunal had erred in concluding that it lacked the jurisdiction to consider the effect of duress on the applicant’s signature. The court held that the Tribunal had an obligation to consider the effect of duress on the applicant’s signature, and that the Tribunal’s failure to do so was a failure to observe the principles of natural justice. The court found that the Tribunal’s failure to consider the effect of duress on the applicant’s signature resulted in a miscarriage of justice and that the Tribunal’s decision should be set aside. The court also found that the Tribunal’s failure to consider the effect of duress on the applicant’s signature was a breach of natural justice.

The court allowed the appeal and set aside the decision of the Tribunal. The court ordered that the matter be returned to the Tribunal for reconsideration before a differently constituted Tribunal. The court also ordered that each party bear their own costs for the application for leave to appeal and the appeal. The court held that it was appropriate to grant leave to appeal as the applicant had demonstrated that the Tribunal’s decision was affected by an error of law and that the applicant had a real chance of success on the appeal.