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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.
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The Court of Appeal upheld the dismissal of EMIS’s claims. It found that the evidence did not show that Ibrahim played the kind of management role that would make him an officer of EMIS. It also found no adequate evidence that Chaudhry participated in the alleged conduct while he was still an EMIS director. The Court rejected the argument that silence about a competing business made the Settlement Deed misleading, given the circumstances of the negotiations and Kyatt’s knowledge of the risk. Because the alleged duties and breaches were not established, the constructive trust claim also failed. The appeal was dismissed with costs.