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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: Alstergren CJ, Curran JJ
Before: Australia J, Thawley J
Before: Needham J
Before: As Gostencnik DP
Before: McCallum CJ, Mossop and Taylor JJ
Sullivan argued that his convictions could not be reconciled with the jury’s acquittals on three other charges arising from the same encounter. The Court of Appeal held that the jury could reasonably distinguish between earlier and later events, particularly when deciding whether the prosecution had proved Sullivan’s recklessness about the complainant’s lack of consent on each count. The jury was entitled to consider each charge separately and was not required to accept either party’s all-or-nothing account. The appeal was dismissed.
Before: McCallum CJ
Before: McCallum CJ
Before: Needham J
Before: Mitchelmore JA at [1]Kirk JA at [2]Adamson JA at [3]
The Court had already decided the main appeal and returned to settle consequential orders. It ordered the builder to pay the developer $210,000, interest, and the costs of the cross-claim in the periods specified, and to discharge three mortgages. The Court accepted that the developer's first settlement offer gave the builder a reasonable time to respond, given that the builder had known the deed's terms for months. It therefore made indemnity costs orders from 26 September 2024, while allocating earlier costs according to which claims had been pursued and when the deed took effect.