Bylaw court case won by defendant, but right of appeal granted to claimant

D_P_Dance

 He said it was a reasonable case to bring to a court and so wasn't going to award any costs.  

If it was so reasonable, why did he not find for them?  I am sure that you can complain to his boss.  

nosferatu1001

Double recovery is an abuse of process, but you argue the grounds and let the judge deal with it .

paullong

Moneysavermum said:

Hi, would you mind if I message you?  I have a hearing later this week that I’m using a byelaws argument - also VCS and also WM.  

Please do.  

Snakes_Belly

The DDJ's are part time judges that are usually either from a law practice or retired from a law practice. They practice in certain area's of the law. This particular judge's area is Banking and Finance.

Now as someone who has studied this area of the law I had no knowledge of the POFA until I came onto this forum. I still do not fully understand all the implications of the POFA however I am not hearing cases.

"If it was so reasonable, why did he not find for them?  I am sure that you can complain to his boss."  

My guess is that the judge was unsure of the POFA and gave the defendant the benefit of the doubt but left it open by allowing for an appeal.

These judges are from a broad church and that is why it is sometimes a lottery but definitely preferable to a criteria based decision such as made by the adjudicators of the IAS.

This is one of the reasons why exhibits are so important. They are easy to understand and people respond to the visual.