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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: Jackson J
Before: Targett C
Before: Seiden SC DCJ, Deputy PresidentP H Molony, Senior Member
Before: Black J
Before: Mullins P, Bond JA, Brown JA
The Court of Appeal accepted that the QCAT Appeal Tribunal had made a legal mistake about whether the applicants needed leave and extra time to challenge an interlocutory decision in an appeal from the final decision. That mistake did not change the result. The Appeal Tribunal had also rejected the challenge on its merits, and the applicants did not show a legal error in that assessment. More generally, the Court could hear only appeals confined to questions of law, not grounds that required it to decide what happened or reassess mixed factual and legal issues. The application for leave was refused, with costs.