Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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: Finanzio J
Before: Harding AC
Before: McCallum CJ, Mossop and Baker JJ
The Court of Appeal allowed Whittaker’s appeal because the sentencing judge imposed sentences requiring full-time custody without first indicating that she might reject the prosecutor’s position that the imprisonment could be served by intensive correction in the community. The appellant had reasonably proceeded on the footing that the concession would be acted on and lost the chance to present further evidence about his family circumstances. The Court admitted that evidence, set aside the sentences, and sent the matter back to the Supreme Court for resentencing.
Before: McCallum CJ
Before: Gibian VP
Before: Leeming JA, Stern JA, Free JA
The Court of Appeal did not decide whether Mr Gazal was fit to plead or finally resolve how criminal fitness rules apply to civil contempt where a tutor is appointed. It refused to let the interlocutory appeal proceed out of time. The primary judge had allowed an opportunity to present evidence about capacity, but medical evidence was not put forward at the adjourned hearing. On appeal, additional evidence was included without the required application and supporting affidavit. Because the contempt case was still ongoing and an appeal from final orders remained available, the Court considered an immediate appeal would cause avoidable delay and fragmentation.