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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: Bond JA, Bradley JA, Doyle JA
The Queensland Court of Appeal upheld PBU’s conviction for maintaining an unlawful sexual relationship with a child. It found that the appellant’s general criticism of the complainant’s evidence did not identify enough specific evidence to show the jury’s verdict was unreasonable. The charge gave adequate notice when read in light of the statutory rule that each act within this kind of relationship does not have to be separately particularised. The Court also rejected the claim that the defence’s handling of the complainant’s mother caused a miscarriage of justice. It was not persuaded that the mother would have given the proposed additional account at trial, and it considered that the proposed matters would not have materially altered the evidence before the jury. The application to rely on the fresh evidence was refused, and the appeal was dismissed.
Before: Cavanagh J
Before: Cavanagh J
Before: Campbell J
The Court did not decide whether the statement of claim had been properly served or whether the default judgment should be set aside. The process server who was expected to give evidence about service was unwell and unavailable for cross-examination. The parties accepted the circumstances and the judgment debtor agreed to an adjournment. The Court postponed the hearing, directed the parties towards seeking an early new date that accounted for the witness’s health, and reserved the question of costs.
Before: Sirtes J
Before: Boulten J
Before: Hammerschlag CJ in Eq
Before: Washington C
Before: Porter C
Before: Targett C
Before: Targett C
Before: Gray C
Before: Miller AC
Before: Miller AC
Before: Newlinds SC DCJ
Before: Abadee DCJ
Before: Bromberg JJ
Before: Brereton J