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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: Austin J
Before: Croft J
Before: Muller AJ
Before: Bell CJ at [1], Stern JA at [2], Griffiths AJA at [130]
The Court of Appeal dismissed Davey’s appeal against the dismissal of her claim that Want sexually abused her as a child. The Court found that the trial judge applied the civil standard of proof and used the authorities about delay and memory to assess the evidence, not to require corroboration or reverse the onus. The judge was entitled to weigh inconsistencies, clinical records, witness accounts and the evidence about the alleged family gathering. The reasons did not need to mention every piece of evidence. Although the Court considered that one description of Want’s evidence was unduly unfavourable to him, it found no error in the overall decision not to treat that evidence as proof of consciousness of guilt. The appeal was dismissed with costs.
Before: D Goldstein, Senior MemberDr K M George, Senior Member
Before: Mitchelmore JA at [1] and [40]Dhanji J at [2]Coleman J at, [39]
Before: Kirk JA, Wright J, Cavanagh J
Before: Priestley SC DCJ
Before: Dicker SC DCJ
Before: Harding AC
Before: Duggan J
Before: Pike J