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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: Stern JA
The Court refused the applicant's requests for a wide range of Board records, discovery, answers to questions and immediate permission to amend his judicial review case. It found that the documents were not sufficiently connected to the issues or were sought too broadly, and that the draft reasons were protected by legal professional privilege. It also found that the questions were not necessary and that it could not assess an amendment without seeing the proposed pleading in settled form. The motion was dismissed and costs were reserved.
Before: Leeming JA, Stern JA, Griffiths AJA
The Court of Appeal allowed the Director to rely on the judge’s published committee submission in the particular pending application asking the judge to step aside for apprehended bias. The Court rejected arguments that it lacked a live dispute, that it should leave the issue to the criminal proceedings, that other procedures made the declaration unnecessary, or that Constitution s 49 made parliamentary privilege absolute. The ruling was narrow: it did not decide whether the judge was in fact required to recuse herself, and it did not decide that every use of parliamentary material in a recusal application is permitted.