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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: Griffiths AJ
Before: Ms J
Before: Watson VP
Before: General Member J
Before: General Member J
Before: General Member J
Before: Austin J
Before: Jones JJ
The High Court did not decide the underlying student-visa entitlement afresh. It considered whether the Federal Court had made a jurisdictional error when it refused more time and leave to appeal. The Court held that ordinary errors by a court are not usually jurisdictional errors, and found no indication that the Federal Court misunderstood its task. It also said that trying to relitigate the hearing and notice issues in the High Court's original jurisdiction could be an abuse of process. The application was dismissed with costs.
Before: Horton C
Before: Miller AC
Before: Pullinger AC