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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: Nixon J
Before: Sirtes J
Before: Elkaim AJ
Before: Price AJA
The Court granted Rekha Sanjiv a further pro bono referral, but only so she could obtain legal advice about the merits of her proposed appeal. Because she had received a previous referral, the Court had to be satisfied there were special reasons for another one. It found that the complexity of the appeal grounds, her lack of financial means, and the value of merits advice met that threshold. It did not grant representation, and it did not decide whether the Vexatious Proceedings Act required leave for the proceeding.
Before: McCallum CJ
Before: McWilliam J
Before: Free JA
The Court allowed Jeray to bring his review motion late, but rejected what he sought through it. Seek Justice had been deregistered, and Jeray could not simply replace the company as applicant to pursue claims that belonged to it. His proposed attempt to challenge deregistration was a separate matter involving ASIC, not a continuation of the company’s appeal application. The Court also found that Jeray had a chance to explain his position and was heard again on review. Because his motion failed, he was ordered to pay USM’s costs.
Before: Ward P; Payne JA
The Court of Appeal refused Mr Luo's late attempt to appeal the Supreme Court decision. The proposed grounds mostly disputed what the Tribunal had found about the evidence, rather than showing that the primary judge had made an arguable legal error. The Court found no issue of principle, public importance or sufficiently clear injustice to justify leave. With leave refused, extra time to appeal would serve no purpose. Mr Luo was ordered to pay the Commission's costs.
Before: Harrison AJ
Before: Chen J
Before: Schmidt AJ
Before: Nixon J
Before: Rigg J
Before: Price AJA at [1]; Cavanagh J at [42]; Richardson J at [46]
Before: Payne JA at [1]; Dhanji J at [173]; Richardson J at [174]
Before: Kirk JA at [1]; Lonergan J at [2]; Weinstein J at [107]
Before: Muller J
Before: Baker J
Before: Price AJA
REST asked the Court of Appeal to pause parts of a compulsory share-sale process while it appealed the primary judge's decision. The Court considered REST's appeal reasonably arguable and considered that selling its shares could cause it significant financial prejudice. It also considered that the other shareholders might face loss or complications if the sale process were interrupted. The Court was prepared to grant the injunction only if REST gave the usual undertaking to compensate for loss caused by the injunction, without restricting that undertaking to REST's own shares. REST declined, so the motion was dismissed. The appeal itself remained undecided.
Before: Harrison AsJ
Before: Sirtes J
Before: Muston J
Before: Hmelnitsky J
Before: Harrison AJ
Before: McGrath J
Before: Cavanagh J
Before: Sirtes J