Tomlin v Davis

In the case of Tomlin v Davis, the applicant sought to appeal against a decision made by the NSW Civil and Administrative Tribunal. The dispute arose from a claim by the applicant for breach of contract and failure to provide a car of acceptable quality under the Australian Consumer Law. The original decision was made by the Tribunal, and the applicant sought leave to appeal that decision to the Supreme Court.

The primary legal issues before the court were whether the applicant should be granted leave to appeal and whether any additional evidence presented by the applicant could be admitted. The court had to determine if the new evidence was capable of supporting the applicant's claims and whether it could potentially overturn the original findings of the Tribunal. Furthermore, the court examined whether the Tribunal's findings were open on the evidence and if there was a reasonably arguable case of error by the Tribunal.

The court held that the applicant was not entitled to leave to appeal as the evidence presented was not sufficient to support a finding that the car was not of acceptable quality or that there was a major failure. The court found that the original findings of the Tribunal were open on the evidence and that there was no reasonably arguable case of error. Consequently, the court dismissed the application for leave to appeal and also dismissed the application to strike out filed on 13 November 2019.