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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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The Court of Appeal refused the respondent's late application to make the appellant provide security for appeal costs. It accepted that the appellant had limited means and that a significant security payment would stop the appeal proceeding. The Court was not prepared, at this interlocutory stage, to say the appeal had no real prospects, and it considered the delay in bringing the motion inadequately explained. The ruling concerns security only, not whether the appeal or the fresh-evidence application will succeed.
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