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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: Gorton J
Before: Kaye JA
Before: Mullins P, Brown JA, Kelly J
The Court of Appeal dismissed York's challenge to the adjudication decision. The adjudicator had authority to decide what amount, if any, York had to pay. Even if the adjudicator made a legal mistake in construing the contract or s 200, that did not by itself make the decision jurisdictionally invalid. Section 200 affects the substantive operation of contracts and the Act; it does not set a condition on the adjudicator's authority under s 88. The appeal was dismissed with costs.
Before: Weinstein J
Before: Schmidt AJ
Before: Parker J
Before: Dickson C
Before: Washington C
Before: Macken AC
Before: Porter C
Before: Harding AC
Before: Dixon SC
Before: G Blake AM SC, Principal MemberJ McAteer, Senior Member
Before: Kirk JA at [1]Adamson JA at [2]Griffiths AJA at [208]
The Court of Appeal upheld the proceeds assessment order. It held that Karout's possession of the drugs, without evidence that someone else owned them, supported including their full market value. His compulsory-examination transcript could prove the truth of his admission about maintenance payments, and that examination did not amount to giving evidence at the later hearing. The evidence supported the finding that he paid about $23,000 per month to Ms Taylor. The people who transferred money to him did not establish where that money came from, so he did not satisfy the statutory requirement to show the funds were unrelated to illegal activity. The Court found no material procedural unfairness in the primary judge's additional observation about possible beneficial ownership of a property. The appeal was dismissed with costs.
Before: Horan J
Before: Owens J
Before: Muller AJ
Before: Collier J
Before: French J, Gleeson CJ, McHugh J, Street J