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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: Dickson C
Before: Young AC
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Before: Pike J
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Before: Copley J
Before: Mr J
Before: Mr J
Before: Mr J
Before: Keogh J
Before: Williams J
Before: Gleeson JJ
San Bao missed the deadline for seeking merits review of a refused visa nomination. It then asked the High Court to quash the refusal, arguing that the delegate had overlooked an organisational chart and had acted unreasonably. The Court said that the loss of the usual review route was not, by itself, enough to justify using the High Court’s original jurisdiction. It nevertheless considered the merits. The chart had been provided with a separate sponsorship application, but the delegate’s reasons were about whether the material explained how the proposed cook would fit into the staffing structure and how duties would be divided. The Court found no error and dismissed the application with costs.
Before: Jones JJ
The High Court set aside the Full Court’s orders cancelling Katie Taylor’s KATIE PERRY clothing mark. The judges agreed on important statutory principles: reputation under s 60 concerns particular goods or services, and s 88(2)(c) looks at notional normal and fair use at the date rectification is sought. The majority did not agree on every reason why the cancellation grounds failed. Jagot and Gleeson JJ found the evidence insufficient to prove likely confusion; Steward J also agreed on s 60 but gave a distinct reason concerning confusion caused by infringing conduct under s 88(2)(c). Outstanding Federal Court issues were remitted.
Before: Grant CJ, Agency J
Before: Hill J
Before: Howard J