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Application for leave to appeal against a decision of the Commercial and Consumer Tribunal made on 26 October 2007; no error was demonstrated in the finding of the tribunal that the default judgment in the Supreme Court entitled the tribunal to name Thymania Pty Ltd as a person liable for Mr and Mrs Kaech's loss or in the conclusion of the tribunal that Thymania Pty Ltd was in any event vicariously liable for the wrong committed by Ms Collins: Botting DCJ.
Appeal Determined (QCA)
[2008] QCA 176
27 Jun 2008
Leave to appeal refused with costs; seeking to appeal dismissal of leave to appeal in DC from Tribunal decision finding that company held a real estate corporate licence under Property Agents and Motor Dealers Act which entitled it to carry on business; no error in concluding the facts brought it within the principle of vicarious liability: Holmes and Fraser JJA and Mackenzie AJA.
Appeal Status
Appeal Determined (QCA)
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