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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: Wheelahan J
Before: Charlesworth J, Horan J
Before: Mr J, Halley J
VCAT upheld Monash Council's refusal of a three-storey medical centre at 31-33 High Street Road, Ashwood. While the location had some policy support for a medical centre, the Tribunal found the building's massing, an overly large basement that prevented deep-soil planting and canopy trees, and an under-provision of on-site parking (with unreliable demand evidence) would harm neighbourhood character and cause parking and traffic impacts. The Tribunal refused the parking waiver and required redesign reducing basement footprint and northern height to achieve adequate landscaping and transition to adjoining houses. No permit was granted.
Before: Ms P, Lyons JA, Kenny JA
Before: Mazza JA
Before: Hill J
Before: Hill J
Before: Mullins P, Boddice JA
The Court of Appeal set aside Shan He’s two sexual assault convictions because the jury may have used an earlier, less clearly described massage incident to infer that he had sexual interest in the complainant. The prosecutor argued that He had tested her reaction during that earlier massage before going further during the charged massage. The trial judge repeated that argument when summarising the parties’ cases but did not tell the jury that the earlier incident was not evidence of sexual interest. Because sexual interest was important to deciding whether the charged touching was indecent, the Court could not rule out that the omission affected the verdicts. It ordered a new trial.
Before: Slattery AJ
Before: Hetyey AsJ