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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: Kennett JJ
Before: Price AJA
The Court granted a limited pro bono referral for advice, even though it considered the applicant’s case did not reveal merit. The appeal was still at an early stage, and advice might help prevent unnecessary litigation or help clarify and plead any claims considered viable. The order did not provide general representation; it was confined to advice about the proceedings.
Before: Price AJA
The appellants asked the Court to postpone their appeal, saying they had found important material in their former lawyers’ file and were now representing themselves. The respondents opposed postponement, pointing to the lengthy proceedings, costs already incurred, and the effect of further delay. Price AJA concluded that the proposed material was limited, Mr Folley could present the arguments at the scheduled hearing, and further delay would significantly prejudice the respondents. The Court dismissed the motion. It did not decide whether the proposed fresh evidence should be admitted or whether the appeal would succeed.
Before: K Robinson, Principal MemberJ Sullivan, Senior Member
Before: G Blake AM SC, Principal Member
Before: Payne JA at [1]Weinstein J at [2]Rigg J at [3]
Before: Price AJA
Before: Fagan J
Before: Hammerschlag CJ in Eq
Before: Dalton J
Before: Christie JJ
Before: Jarrett J
Before: Howard J
Before: Forrester J