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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: Black J
Before: Nixon J
Before: Sirtes J
Before: Payne JA, McHugh JA
The Court of Appeal refused permission for a further appeal about an alleged $30,000 loan. It said the applicant had not identified a legal principle or public-importance question, nor shown a sufficiently clear injustice. The trial Magistrate could decide that the alleged loan was not proved without deciding that the written agreement was forged. The Court also rejected the claim that giving the former wife's evidence limited weight showed a failure to exercise jurisdiction. The costs of the proceedings were already far greater than the amount disputed, which reinforced the proportionality concern.
Before: Adamson JA at [1]Free JA at [2]
Khanal signed the Lease in his personal capacity as guarantor, and the Lease clearly stated that he guaranteed Hamro’s obligations and indemnified FSU for losses caused by non-payment. The Court treated his personal understanding and the earlier Heads of Agreement as insufficient to displace the terms of the signed Lease, particularly because the Lease said it superseded prior agreements. Allegations that FSU contributed to Hamro’s business failure did not answer the claim for rent under the guarantee. The Court did not decide whether a separate damages claim could succeed. It refused leave to appeal and ordered Khanal to pay FSU’s costs.
Before: Muller AJ
Before: N Adams CJ at CL, Chen and Coleman JJ
Before: Tsalamandris J