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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
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Before: Jones JJ
The High Court held that NSW’s aggregate-sentencing procedure can be used when a State court sentences someone for multiple Commonwealth offences. A federal sentencing court must still apply Commonwealth sentencing principles, and an indicative sentence recorded for an individual offence is not itself the operative sentence. The majority also held that the presence of a Commonwealth mandatory minimum does not, by itself, prevent an aggregate sentence. It dismissed the Commonwealth’s appeal. Jagot J disagreed, considering that the mandatory minimum had to be imposed separately and that compliance could not be demonstrated on the facts.
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