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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: Stewart J
Before: Mr P, Dowling J
Before: Mitchelmore JA at [1]Kirk JA at [2]Adamson JA at [3]
The Court of Appeal reduced the builder's judgment by $3,243,175. Most of the disputed infrastructure payments remained with the builder because the contract treated those works as separately payable excluded items, even though they were not true variations. Consultancy fees were different: they were included in the contract sum, so the developer received a $133,175 credit. The contractual practical-completion date remained 20 April 2020, producing $210,000 in liquidated damages. The builder also received a $2.9 million benefit through a related-party property transaction connected with releases of coordinate liabilities, and that benefit reduced the developer's liability. The Court ordered judgment for the developer and declared the amount otherwise owing nil, while directing further submissions about whether judgment should also be entered on the developer's liquidated-damages cross-claim.
Before: Member Decision
Before: Member Decision, Member Scahill
Before: Priestley SC DCJ
Before: Moore AC
Before: Slattery J
Before: Kirk J
Before: Kunc J
Before: Mullins P, Boddice JA
Marius argued that the jury might have misunderstood a phrase in the trial judge's directions to mean that every possible capacity had to be impaired before diminished responsibility could apply. The Court of Appeal read the phrase alongside the rest of the directions. It concluded that “all three” referred to the three elements of the defence, while the capacities under consideration were alternatives. The written questions reinforced that reading. The appeal was dismissed.
Before: Kunc J
Before: Magistrate Burt
Before: Magistrate Campbell
Before: Yehia J
Before: Muller AJ