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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
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Before: Williams J, Doyle JA, Bradley JA
The Court of Appeal dismissed the conviction appeal. It accepted that the complainant’s evidence had features requiring close scrutiny, but found that those matters had been explored at trial and appropriately put to the jury. The jury could rationally acquit on the count involving the disputed camera evidence and convict on the other counts. The Black direction and the time taken to reach verdict did not show that the jury was pressured. Evidence from related domestic violence proceedings did not justify reopening the appeal.
Before: Mullins P, Bond JA
The subcontractor had to give the head contractor copies of the submissions accompanying its adjudication application within four business days. Those materials included the seven files making up the subcontract. Although some documents were sent, the subcontract files were not included in the emails the head contractor received. The Court of Appeal held that the statutory requirement had not been met. Because the parties accepted that failure to comply with this requirement invalidated the adjudication decision, the Court declared that decision void and ordered it removed from the registrar’s website.
Before: Bowskill CJ, Bradley JA, Crowley J
The Court of Appeal left the trial judge’s findings in place. It accepted that the family had made an overall agreement to break up the business, even though they had not resolved every detail about who would receive every item of equipment. The Court also found no sufficient basis to overturn the trial judge’s ownership findings, which relied on witness evidence and the particular family practice of putting private and business expenses through the company accounts. Faye Simpkin could challenge the agreement finding as a party to that agreement, but the deed did not give her an effective bare right to appeal on Gunderlong’s behalf. The appeal was dismissed with costs.
Before: Howard J