Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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: Dolphin J
Before: Jones JJ
The High Court had decided the appeals but overlooked a point in the appellants' written submissions about sending a trial-costs issue back to the New South Wales Court of Appeal. The appellants promptly asked the Court to correct its orders. The Court accepted that correction was justified: the omission was an oversight, the application did not reopen the arguments already decided, and correcting the orders would not relevantly disadvantage the respondent. The Court therefore varied its orders and sent the specified costs issue back to the Court of Appeal. It did not decide the exact legal source of its power to make the correction.
Before: Mr J
Before: Hill J
Before: Hill J
Before: Quinlan CJ