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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: Member Rinaudo AM
Before: Michael Steiner AM
Before: Mr J
Before: Mr J
Before: Mr J
Before: Bowskill CJ, Doyle JA, Wilson J
The seller asked to cancel its contract with FKG01 and replace it with a contract with a related company. The new buyer paid $50,000 less because the parties had agreed that the amount paid by the former tenant in lieu of make-good work would benefit the buyer of the property. The Court of Appeal held that this arrangement did not give FKG01 a profit from the replacement contract, and that the seller’s indemnities merely protected FKG01 from loss. The replacement contract was therefore not a resale agreement under s 115, and the duty paid on the original contract was not payable. The Commissioner’s appeal was dismissed with costs.
Before: McNaughton J
Before: Weinstein J
Before: Chen J
Before: Lindsay J
Before: Pritchard J
Before: Beasley J
Before: Dixon SC
Before: Dickson C
Before: Dickson C
Before: Kullen AC
Before: Mitchelmore JA at [1], Ierace J at [2], McNaughton J at [138]
Before: Ward P at [1], Adamson JA at [2], R A Hulme AJ at [3].
Before: Stern JA at [1], Dhanji J at [89], Chen J at [95]
Before: I R Coleman SC ADCJ, Principal MemberJ Moir, Senior MemberDr M, Wroth, Senior Member