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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: Mr P
Before: Mr P
Before: Lush J
Before: Mr P
Before: Adam P
Before: Mullins P, Crow J
The Court of Appeal upheld the central trial findings that Neville and David were each beneficially entitled to an equal share of Durrandella, the Croydon Properties and relevant family business assets, despite some legal titles being in only one brother's name. It also upheld judgment for $395,177 owed to Hinrichsen Pastoral and the finding that Neville breached his statutory duties as a director, resulting in a compensation award. The appeal was dismissed. However, because other people were potential beneficiaries of the discretionary trust, the Court stayed the provisions directing distribution of trust assets and sent that issue back to the trial judge for directions.
Before: Mitchell JA
Before: Mitchell JA
Before: Mazza JA
Before: Mitchell JA
Before: Palmer J
Before: Forrester J
Before: Mr J
Before: Mr J
Before: Johns J
Before: Curran J
Before: Keogh J
Before: Bradley J, Doyle JA, Gleeson CJ, Crennan JJ
The second appellant did not file the appeal submissions by the court-ordered deadline. The earlier order had said that the appeal would be dismissed if that happened, so Doyle JA dismissed it. The judge also ordered the appellants to pay the respondents’ appeal costs. After reviewing the respondents’ costs material, the judge fixed those costs at $11,000. The judgment records a submission about the first appellant’s bankruptcy and cites Foots, but does not provide a separate analysis of that issue.
Before: Peden J