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: Chen J
Before: Mitchelmore JA at [1]Ierace J at [2]McNaughton J at [3]
Before: N Adams J at [1]Cavanagh J at [5]Rigg J at [222]
Before: Kirk JA at [1], Free JA at [2], Rigg J at [3]
Before: Weinstein J
Before: Lonergan J
Before: Jones JJ
The High Court held that a jury's possible assumptions about a nine-year-old complainant's prior sexual experience do not, by themselves, make that issue part of the prosecution case for the statutory exception allowing cross-examination. The exception concerns matters the prosecution has disclosed or implied through its case as presented, not every inference jurors might draw from age or from evidence the prosecution did not lead. The documents said to undermine the Crown Prosecutor's explanation for the complainant's delay in reporting did not support that argument. The appeal was dismissed.
Before: Jones JJ
The High Court held that the question was not simply whether 'House Bed & Bath' looked or sounded too much like 'Bed Bath 'N' Table'. The ACL required the court to examine how GRBA used its name and branding in the real commercial setting, including BBNT's longstanding reputation, store presentation and the way consumers encountered the businesses. The primary judge could also consider evidence about GRBA's executives' knowledge and commercial purpose, even though the judge did not find an intention to deceive. The Full Court had focused too narrowly on the marks and had not identified a material error in the primary judge's decision. The High Court therefore restored the primary judge's orders and sent unresolved issues, including pecuniary relief, back to the Federal Court.
Before: Town J
Before: Merrell DP, Mr J
Before: Button J