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Australian case law library
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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: Kirk JA at [1] Yehia J at [2] McGuire J at [3]
Before: White J
Before: Emmett J
Before: Cavanagh J
Before: Campbell J
Before: Emmett J
Before: Hammerschlag CJ in Eq
Before: Elkaim AJ
Before: Williams J
Before: Chen J
Before: Faulkner J
Before: Emmett J
Before: Black J
Before: Hmelnitsky J
Before: Hmelnitsky J
Before: Weinstein J
Before: Ward P; Payne JA; Mitchelmore JA
The respondents won the appeal about service, which ordinarily could have supported an order that the appellant pay their appeal costs. But the respondents had started Australian enforcement proceedings while the US judgment they relied on was under appeal, and that judgment was reversed before the NSW Court of Appeal delivered its main decision. The Court considered that the appellant had incurred costs answering an application to enforce a judgment that no longer stood. It therefore made no order as to costs, rather than awarding costs to either side or making them costs in the cause.
Before: Bell CJ at [1]; Ward P at [2]; Leeming JA at [3]
The Court of Appeal held that the Full Bench had to examine the Police Commissioner’s actual reasons for removing Hanna, which were framed around reasonable grounds rather than proof of criminal guilt. The Full Bench was not required to give separate warning that it would apply the statutory review framework, and its approach had also been raised during the hearing. The Court rejected the argument that s 191 required the Full Bench to use a restricted factual-appeal test in every case. Although one aspect of the Full Bench’s reliance on the Local Court finding was erroneous, and the Cellebrite inference was questionable, those matters did not amount to jurisdictional error. The judicial review application was dismissed with costs.
Before: McWilliam J
Before: Leeming JA at [1] Ball JA at [2] Free JA at [61]
The case concerned whether cleaning contractors' arrangements with business clients counted as employment agency contracts for NSW payroll tax. The Court said the question was not limited to whether clients could direct how individual cleaners did their work. It was necessary to consider the contracts as a whole and how the cleaning related to the ordinary activities of each client's business. Because the work was regular, continuous, general cleaning of business premises, and the contracts gave clients some control over workers or standards, the Court upheld the finding that the contracts were employment agency contracts. It dismissed the appeal with costs.
Before: Faulkner J
Before: Cavanagh J
Before: Cavanagh J
Before: Elkaim AJ
Before: Williams J
Before: Burns AJ
Before: Cavanagh J
Before: Cavanagh J