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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: Magistrate Temby
Before: McCallum CJ
Before: Taylor J
Before: Policy Number P, Mr P, Derrington J
Before: Raper J
Before: Kirk JA at [1], Stern JA at [2], McHugh JA at [3]
The Court of Appeal said that an elected jury trial is an important entitlement, but the court can order that a defamation case proceed without a jury. Under the general power in s 21(1), it cannot do so merely because jury trials are generally slower, more expensive or otherwise have inherent features. Those features can be relevant where particular circumstances make them significant. The separate power in s 21(1A) applies only when its specified conditions are met; the plaintiff's health was not an issue for the jury to decide, so that power did not apply here. The primary judge's decision was nevertheless consistent with the principles governing the general power, and the plaintiff did not show that the judge overlooked his argument about forensic prejudice. The Court granted leave to appeal because the statutory approach raised a question of principle, but dismissed the appeal with costs.
Before: D Robertson, Principal MemberR Titterton OAM, Senior Member
Before: Bell CJ at [1], Ward P at [2], N Adams J at [3].
Before: Priestley SC DCJ
Before: Acting Judge Levy SC
Before: Haesler SC DCJ
Before: Bourke SC DCJ
Before: Duggan J
Before: Young AC
Before: Davidson AC
Before: Dixon SC
Before: Walsh C
Before: Espinosa C
Before: O’Neill C
Before: Garling J