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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: S De Jersey, Principal MemberR C Titterton OAM, Senior Member
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Before: Boulten J
Before: Bradley J, Mullins P, Boddice JA
The Court of Appeal did not decide whether the shower-base waterproofing was defective or whether the direction to rectify was substantively correct. It refused permission to appeal because the proposed grounds depended on factual findings, involved a mixture of law and fact, or challenged an original decision that had already been reconsidered on its merits. The refusal was with costs.
Before: Mossop J
Before: Peden J
Before: McCallum CJ
Before: Black J, Cheeseman J
Before: Hill J
Before: Kennett J
Before: O'Bryan J
Before: Ms J, Dowling J
Before: Derrington J
Before: Moshinsky J
Before: Ms J
Before: Mullins P, Brown JA, Wilson J
The Court of Appeal dismissed the challenge to a short temporary restraint on treatment under a mental health treatment authority. The order had expired, and the broader declaration sought would not change how the authority operated. The Court also found that the appellant had not raised a serious challenge to the statutory treatment-authority criteria, and that the primary judge could take account of the Mental Health Court’s appeal and stay powers. The Court did not decide whether the Supreme Court has inherent power to grant an injunction in this setting.
Before: Mr P