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: Delany J
Before: Jarrett J, Howard J
Before: Cole DCJ
Before: Grant CJ, Huntingford JJ
Before: Younan JJ
Before: McElwaine J
Before: Derrington J
Before: Jackson J
Before: Perry J
Before: Mr P, Derrington J
Before: Beach J
Before: Dowling J
Before: Legislation Amendment J
Before: Stewart J
Before: Emerton P
Before: Kenny JA
Before: Boddice JA, Bradley JA, Doyle JA
The Court of Appeal did not decide which of Genamson’s claimed expenses will ultimately be compensable. It said that s 16(1A) generally concerns actual outlays, not losses such as lost rent or lost profits. The related provision, s 16(1C), lets the Council seek assessment of “such costs and expenses” and affects how the entitlement is understood. Whether the items Genamson claims can be dealt with under that assessment process, and how the statutory provisions apply to the facts, still needs to be considered. The Court therefore removed the Land Appeal Court’s “no” answer to a preliminary question and sent the matter back to the Land Court.
Before: Gething J
Before: Member Rinaudo AM