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: Berry J
Before: Lonergan J
Before: Black J
Before: Black J
Before: Richmond J
Before: Cole DCJ
Before: Jones JJ
The High Court restored the trial judge's finding that TfNSW was liable in nuisance for part of the prolonged Sydney Light Rail construction. The majority said nuisance can arise where substantial interference with ordinary use of land results from a use that is not common and ordinary, or from a common and ordinary use that was not conveniently done. TfNSW's statutory authority to develop the light rail did not give it complete immunity from nuisance liability. The Court rejected the argument that s 43A applied and held that litigation funding commission was not recoverable as nuisance damages. The judges differed on whether common-and-ordinary use is itself a liability criterion or instead a factor in an overall objective-reasonableness assessment.
Before: Wood J, Marshall AJ, Porter AJ
Before: General Member J
Before: Taylor J, Chin J, Paingakulam J
Before: Chin J, Schmidt AJ, Paingakulam J
Before: Halley JJ
Before: Button J
Before: Jackson J
Before: Pearce J, Brett J, Cuthbertson J, Jago J, McLure JA, Estcourt J
Before: Mr J
Before: Jagot J, Brennan CJ, Edelman J
Before: McCallum CJ, Baker JJ