Stephens v Australasian Beauty Therapy Academy Pty Ltd (Appeal)

In the case of Stephens v Australasian Beauty Therapy Academy Pty Ltd (Appeal), the appellant, Ms Stephens, appealed against a decision made by a member of the tribunal in her dispute with the respondent, Australasian Beauty Therapy Academy. The primary issue before the court was whether the tribunal member had erred in their findings of fact and conclusions drawn from those facts in relation to the contract between the parties. The appeal was dismissed by the tribunal, and the respondent's application for costs was also dismissed. The appellant had raised several points of contention, including errors in the tribunal member's findings regarding the course upgrade decision, the failure to draw a loan, and the credibility of the appellant.

The tribunal examined the appellant's argument that the relationship between the parties was not one of equal power and that the respondent had the authority to accept or reject course upgrades. However, the tribunal found that the parties were dealing as equals in the contractual agreement, and the appellant had committed to the upgrades herself. The tribunal member's finding that it was the appellant's responsibility to agree to upgrade the courses and pay in accordance with the agreed arrangements was upheld. The tribunal also found that the respondent's decision not to confirm the examination when the appellant failed to pay the $1,000 fee was a reasonable action based on the evidence. Furthermore, the tribunal member's assessment of the appellant's credibility and preference for the respondent's evidence was considered appropriate given the conflicting testimonies.

The tribunal concluded that the appellant's points of contention did not have substance, and the tribunal member's findings and conclusions were valid. As a result, the appeal was dismissed, and the respondent's application for costs was also dismissed. The tribunal's decision stands, and the original findings and conclusions made by the tribunal member remain in place.