Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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: Bennett J
Before: Kunc J
Before: Brown JA, Bleby J, Bond JA
The Court of Appeal refused the applicant's request for leave to appeal his sentence. It held that the six-year period before parole eligibility was not shown to be manifestly excessive. The sentencing judge had taken the guilty plea into account when setting the nine-year head sentence, and comparable cases did not establish a fixed parole benchmark. The Court also rejected the procedural fairness complaint: on the circumstances and the prosecutor's submissions, the six-year period was not shown to be an unexpected sentencing outcome that required advance warning.
Before: Mullins P, Brown JA
The Court of Appeal dismissed Ellul’s appeal against his rape conviction. It held that the jury had received adequate directions about circumstantial evidence, the complainant’s capacity to consent, identification and the alleged lies. The jury had also been told that the prosecution had to prove its case beyond reasonable doubt. The Court found that the evidence of flirtation at the hotel did not fairly raise a defence that Ellul honestly and reasonably believed the complainant was consenting to the alleged anal penetration. All five appeal grounds failed.
Before: Henry J, Doyle JA, Bradley JA
The appellants won some, but not all, parts of their appeal. They lost completely on whether the respondent's alleged contract breach let them end the contract and avoid the restraints, but succeeded substantially on some questions about the restraints. The Court took that mixed result into account and ordered them to pay 25 per cent of the respondent's appeal costs. Because the appellants had sought permission to amend their appeal, they also had to pay the respondent's costs thrown away by that application. The trial costs were left for the primary judge to decide.
Before: Burns J
Before: Davis J
Before: Treston J
Before: Kelly J
Before: Pearce J, Porter J, Bray CJ, Hamilton J
Before: Gitsham JR
Before: Goulden AsJ
Before: Craig J
Before: Croft J
Before: Croft J
Before: GARDE J
Before: Gorton J
Before: Black J
Before: Bennett J
Before: Pike J
Before: N Adams J
Before: Pike J
Before: Harrison AsJ
Before: Rothman J
Before: Rothman J
Before: Coleman J
Before: The Honourable Justice Delany
Before: Newlinds SC DCJ
Before: Cole DCJ