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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: Campbell J
Before: Campbell J
Before: Schmidt AJ
Before: Black J
Before: Parker J
Before: Bennett J
Before: Bell CJ; Leeming JA; Mitchelmore JA
The Court of Appeal upheld the trial judge's decision that TfNSW should pay 65% of the plaintiffs' costs, rather than all of them. The case had mixed results: two lead plaintiffs succeeded in private nuisance claims, while two others failed in public nuisance, and the failed representative claims affected group members beyond the named plaintiffs. The costs of the claims overlapped, so the Court held that a precise, issue-by-issue calculation was not required. It also rejected the argument that the appellants were unfairly denied a chance to provide more costs evidence, because they had not sought an adjournment or provided that evidence when the costs issue was before the trial judge. The Court allowed the cross-appeal to be amended but dismissed the added ground.
Before: Payne JA at [1]; Stern JA at [2]; Black J at [109]
A-Civil paid $1 million into First Quadrant’s account, but the Court of Appeal upheld the finding that the loan agreement was with Mr Rose personally. The fact that the cheque went to QPS and some accounting documents referred to QPS did not settle who had borrowed the money. Read in context, the evidence and later communications supported the finding that Mr Rose was the borrower. The Court also upheld the finding that the agreed repayment period was three months, not two months. It dismissed the appeal and ordered Mr Rose to pay A-Civil’s costs.
Before: Elkaim AJ
Before: Muston J
Before: Campbell J
Before: R A Hulme AJ
Before: Cavanagh J
Before: Campbell J
Before: Sirtes J
Before: Black J
Before: Kirk JA at [1] Boulten J at [2] Roberts J at [80]
Before: Muller J
Before: Muller J
Before: Sirtes J
Before: Williams J
Before: Brereton J
Before: Schmidt AJ
Before: Williams J
Before: Muller J
Before: Mitchelmore JA; Dhanji J; Emmett J