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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: McCallum CJ, Baker J, Muller AJ
The Court of Appeal held that earlier litigation had not settled whether the estate could pay Ross’s legacy once the cheques were put aside. Nor was the executor barred from raising that issue later, because the earlier proceedings included a family provision claim and the estate’s future financial position was uncertain. The executor’s answer to a broad question in cross-examination did not establish that she was unfit to remain executor. The appeal was dismissed, and Ross was ordered to pay the respondent’s appeal costs.
Before: Harrison AJ
Before: Kunc J
Before: Freeburn J
Before: Muller AJ
Before: Muller AJ
Before: Jones JJ
The High Court held that a conspiracy charge does not always have to identify every act the public official will later perform. Here, the alleged agreement was that Minister Macdonald would use his office in connection with the Mount Penny exploration-licence process to favour the Obeids' financial interests, while knowingly breaching duties of impartiality or confidentiality. Because the process was complex and the necessary steps could not be known in advance, the agreement could be described by those characteristics rather than by a list of agreed acts. The Court considered that the described conduct necessarily involved serious misconduct in public office. It dismissed all three appeals.
Before: Moore J
Before: Raper J
Before: Longbottom J
Before: Katzmann J, Perram J, Shariff J
Before: Feutrill J
Before: Smith J