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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: Ms J
Before: Mr J
The Fair Work Commission approved an enterprise agreement between Prime Tile & Stone Australia Pty Ltd and the CFMEU. The Commission was satisfied that all legal requirements for approval were met based on the application materials. The CFMEU, as a bargaining representative, had also requested that the agreement cover it, which the Commission noted as required by law.
Before: Senior Member J
Before: Member Hon J
Before: Tang AM, Mr J
Before: Johnstone J
Before: Freeburn J
Before: Kunc J
Before: Black J
Before: Kullen AC
Before: Horton C
Before: R C Titterton OAM, Senior MemberDr K George, Senior Member
Before: J Sullivan, Senior MemberM Tyson, Senior Member
Before: Leeming JA at [1], Mitchelmore JA at [66], Stern JA at [67]
The Court of Appeal dismissed Mende's challenge to the finding that his letter did not terminate Frankcombe's employment with AIPL. Mende's broad authority as Executive Chairman of AMCI Group LLC did not itself give him authority from the separate company, AIPL. The evidence that he influenced AIPL's decisions or that others sought his approval did not establish that he could bind AIPL by his own act. The Court did not decide the separate legal question of how an authority, if previously implied, could be withdrawn, because the appeal failed on whether the authority existed on the date of the letter.
Before: Connock J