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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: Thawley J
The Federal Court replaced the Official Trustee with a private trustee, Mr Tonks, to correct an administrative error that had prevented his appointment when the bankruptcy order was made. The change was necessary because the estate's main asset—a property being sold for $4.59 million—was about to settle, and there were questionable legal claims (caveats) on the property that needed urgent investigation. The Court found that replacing the trustee served the best interests of the estate and creditors, even though the Official Trustee had done nothing wrong. The petitioning creditors were awarded $5,000 in costs from the estate, reduced from their actual costs because the application was only needed due to their own filing oversight.
Before: Button J
Before: Jackman J
Before: Hill J
Before: Strk J
Before: Hill J
Before: Hill J
Before: Member Rinaudo AM
The Federal Circuit and Family Court dismissed a Pakistani citizen's application to review a decision refusing him a protection visa because he failed to attend the court hearing. The Court found the applicant had been properly notified of the hearing date through multiple emails and his previous involvement in the case. Although the applicant tried to enter the courtroom after the hearing finished, this did not fix his failure to appear during the hearing. The Court also expressed concern that the applicant may have started the case just to stay in Australia longer, noting his grounds for review were vague and he had not followed court orders to provide written submissions. The Court explained how the applicant could apply to have the case reinstated, but warned he would need to explain his absence and show he had proper legal arguments. The applicant was ordered to pay over $9,000 in costs to the government.
Before: Campton J
Before: Porter C
Before: Kelly J
Before: Hill J
Before: Honourable Wood J