Clemen Chiang, Freely Business School 3 - appeal?

Today, 15th April 2009, it was reported in the local press that Clemen Chiang intends to appeal to the High Court in relation to the recent Tribunal rulings against him.

A group of 49 students had earlier sued him and won a combined court decision worth over $130,000. Another group of students numbering about 116 have filed claims against him that could lead to refunds of nearly a $1 million.

Under section 38 of the Small Claims Tribunal Act, appeals are only allowed to the High Court on 2 grounds -

a) on a question of law (in other words, the Tribunal made an error of law), and

b) the claim was outside the Tribunal's jurisdiction (or power). For example of this, if the Tribunal made a ruling on a contract claim of $30,000 or decided an employment claim. These claims would not be within the scope of the the Tribunal's juridiction under the relevant statute.

However, the appeal can only proceed if the District Court gives leave (permission) to appeal to the High Court. This special procedure is to sieve out frivilous appeals