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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: Attiwill J
Before: Moore J
Before: Besanko J
Before: Leeming JA
The judgment concerns only security for costs, not whether Litigation Fund WCX should receive leave to appeal or succeed in an appeal. The Court held that a company seeking leave could be ordered to provide security under s 1335 without proving special circumstances. The company director’s offer to personally cover adverse costs mattered but did not automatically defeat the application. Prior security orders and procedural complications supported requiring some security, but the costs claimed were too high for the narrower leave application. Once the Aversas agreed that leave could be determined on the papers, the Court reduced the security to $4,000. The proceeding was stayed until the security was paid, and each side was left to bear its own costs of the security motion.
Before: Bond JA, Brown JA, Doyle JA
The Court of Appeal refused BFC leave to appeal her sentence. It held that the sentencing judge had recognised domestic violence as a factor that partly contributed to her offending and had taken it into account. The judge did not have to treat it separately from the overall sentencing assessment. The court also found that the earlier cases involved materially smaller or different quantities of drugs and did not set a maximum sentence for this kind of offending. In the court’s view, the sentence was not shown to be legally misapplied or plainly unjust.
Before: Wilson J
Before: Mr P
Before: Version J, Application DP
Before: Aldridge J
Before: Altobelli J
Before: Christie J