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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: Christie J
Before: Baker J
Before: Kirk JA
Paul Gomes asked the Court of Appeal to refer him for pro bono legal help in connection with efforts to revive an appeal. The appeal concerned a Supreme Court judgment that awarded his company more than $1.2 million against its former solicitor. The money had been paid, and the company had not appealed the successful part of the judgment. Kirk JA accepted that Mr Gomes faced language, health and procedural difficulties. However, the judge was not satisfied that the company and Mr Gomes could not obtain legal help, or that Mr Gomes had no way of obtaining help outside the scheme. The referral was refused. The judge did not decide whether the appeal could be reopened, or whether prior referrals or whether proceedings were on foot affected eligibility.
Before: McHugh JA
The Court refused the respondent’s requests for security for appeal costs and a stay. Although the appellant lived in China, he had substantial equity in an unencumbered New South Wales property. The existing freezing order and his undertaking to preserve that equity gave the respondent practical protection while the appeal was pending. The non-payment of interest and the Sheriff’s notice did not establish a materially greater risk that appeal costs would go unpaid. The Court did not decide whether a special-circumstances threshold applies when security is sought under UCPR r 42.21 in the Court of Appeal.
Before: N Adams CJ at CL at [1]Hamill J at [2]Emmett J at [3]
Before: Member P