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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: I R Coleman SC ADCJ, Principal MemberN Kennedy, Senior Member
Before: G K Burton SC, Senior MemberJ Sullivan, Senior Member
Before: Richmond J
Before: Rees J
Before: Kunc J
Before: Peden J
Before: Parker J
Before: Ierace J
Before: Pike J
Before: Mullins P, Bradley JA, Freeburn J
The Court of Appeal dismissed the appellants’ challenge to a judgment requiring them to repay money advanced by the respondent. It reasoned that the respondent’s claim was for repayment under a loan agreement, not enforcement of an agreement to transfer an interest in land, so the appellants’ statutory writing argument did not undo the judgment. The alternative claim was also sufficiently pleaded because it identified the advances, non-repayment, the benefit retained by the appellants and the respondent’s resulting loss. The appellants’ gift defence was not pursued on appeal.
Before: Mr J
Before: Harris J
Before: Waller J
Before: Mr J, Ms J