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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: Senior Member P
Before: Brasch J
Before: Senior Member J
Before: Gray C
Before: McCallum CJ
The respondents had won the appeal and obtained a costs order, but that did not automatically entitle them to indemnity or other special costs because Mr Gang had rejected settlement offers. The court assessed whether rejecting each offer was unreasonable at the time, rather than treating the appeal’s weakness or the eventual result as decisive. It found the 2022 walk-away offers were not shown to have been unreasonably rejected. The 2023 offer was not a compliant offer of compromise under the rules because it included a contribution to costs, and its rejection was not shown to be unreasonable as a Calderbank offer either. The special-costs applications were refused. Separately, security funds were ordered paid out to the respondents.
Before: McCallum CJ
Before: Mossop J, Burns AJ