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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.
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The Court of Appeal was split. The President considered the sentence lenient but not so inadequate that the appeal could succeed. The other two judges concluded that the sentence did not sufficiently reflect the respondent’s repeated violent offending, particularly the domestic violence and the life-threatening attack on a police officer. They also considered that the case warranted intervention to maintain sentencing standards and public confidence. The majority increased the total effective sentence by imposing separate cumulative terms for the domestic violence count and the remaining suspended sentence, while retaining a six-year term for the malicious-act count and setting parole eligibility after one-third of the effective sentence.