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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: Bell CJ at [1], Kirk JA at [2], Adamson JA at [66]
Yufeng appealed after the trial judge allowed Guo to amend his Commercial List Statement at the start of trial, reducing two alleged interest-payment figures. The Court of Appeal held that the UCPR rule about withdrawing admissions applies to defences and later pleadings, not to a statement of claim. It also held that the rule’s formal notice process does not apply when a party obtains the court’s leave to amend. The amendment order remained effective, and Yufeng had not objected or sought to revisit it during the trial. The original particulars were part of Guo’s claim, not admissions, and did not prove that the disputed amounts were repayments of principal. The appeal was dismissed.
Before: Snaden J
Before: Representative Ms P
Before: Hill J
Before: Hill J
Before: S Westgarth, Deputy PresidentPH Molony, Senior Member