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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: Baker J
Before: Stern JA
The Court did not decide whether the applicant's proposed appeal would succeed. It found that her grounds raised serious issues, but the respondents' undertaking removed the identified risk that Singapore anti-suit proceedings would block her NSW appeal. The evidence did not establish the likely Singapore costs or show that those costs would necessarily be wasted. The stay was therefore dismissed, and the appellate hearing was expedited.
Before: Baker J
Before: Black J
Before: Sirtes J
Before: Elkaim AJ
Before: McGuire J
Before: Emmett J
Before: Bennett J
Before: Brereton J
Before: McWilliam J
Before: Cavanagh J
Before: Sirtes J
Before: Sinclair AM
Before: Brereton J
Before: Hammerschlag CJ in Eq
Before: Chen J
Before: Rees J
Before: Chen J
Before: Peden J
Before: Ball JA at [1] Free JA at [28] Griffiths AJA at [29]
The builder’s success in obtaining an adjudication payment did not finally settle whether it was contractually entitled to that payment. The Owners could still have their contractual dispute decided in court. The primary judge found the required lock up stage had not been reached, the Owners validly terminated the Contract, and damages were payable. In calculating those damages, the judge had to account for the money already paid to the builder following adjudication. The Court of Appeal found no basis to disturb the material findings and dismissed the appeal.
Before: N Adams CJ at CL at [1] Hamill J at [2] Muston J at [86]
Before: N Adams CJ at CL at [1]; Sirtes J at [101]; Roberts J at [102].
Before: McHugh JA at [1] Sweeney J at [2] Emmett J at [3]
Before: Free JA at [1] Rigg J at [55] Sirtes J at [56]
Before: Mitchelmore JA at [1] Ball JA at [2] Free JA at [37]
The loan schedules contained conflicting wording about when interest had to be paid. The Court of Appeal did not treat that conflict as making the interest provisions void. It read the agreements together, including the term that allowed the lenders to retain the first month’s interest from the loan advance. The court concluded that the first interest payment was made in advance and that the remaining monthly payments were intended to be made in advance too. The borrowers’ appeal was dismissed with costs. The court did not decide the damages grounds.
Before: McWilliam J
Before: Baker J