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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,627 case citations
Before: Commissioner P
Before: Johns J
Before: Barrett AsJ
Before: Dicker SC DCJ
Before: Mr J
Before: Ward P at [1]Free JA at [2]Griffiths AJA at [66]
MPI paid or arranged costs for a subdivision that created lots for several neighbouring landowners, including PMG. The written Land Swap Deed dealt with land transfers and specified costs, but did not say PMG had to pay a share of the broader subdivision costs. MPI could not prove that PMG had asked it to incur those costs. The Court also did not decide whether accepting services without a request can itself justify restitution. It held that MPI had not shown that PMG should reasonably have known MPI expected payment, particularly because the Cauchis started and controlled the project and were its main beneficiaries. The appeal was dismissed.
Before: Payne JA, McHugh JA
The Court of Appeal did not decide whether a treating doctor can owe a duty of care to a deceased patient's executor, or whether the estate can recover the claimed legal costs. It decided only that the doctor had not shown a sufficient basis for an immediate appeal. The original claim had been struck out for pleading deficiencies, but the Executor had leave to plead again. Because the primary judge had no amended pleading before him and the relevant facts were not settled, the Court considered it too early to decide that the claim could not possibly succeed. The summons for leave to appeal was dismissed with costs.
Before: P Durack SC, Senior MemberN Kennedy, Senior Member
Before: Dickson C
Before: Dixon SC