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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: Commissioner P
Before: Loukas-Karlsson and Taylor JJ, Ainslie-Wallace AJ
The Court of Appeal dismissed Doyle’s challenge to his convictions. It treated the appeal as requiring proof of material error, not simply disagreement with the findings. The Court examined the alleged problems with the complainant’s account and concluded that they did not prevent the magistrate from accepting it beyond reasonable doubt. It also held that Doyle’s bare denial did not provide an alternative account that undermined the complainant’s evidence. The magistrate had the advantage of seeing and hearing the witnesses, and the Court found no material error in the way the convictions were upheld.
Before: TINNEY J
Before: Bell CJ at [1], Payne JA at [43], Kirk JA at [44].
The missing original did not, by itself, establish that the deceased had destroyed her Will intending to revoke it. The evidence did not show that she had last possessed the original. In any event, her later conduct, including describing the Will as current shortly before her death, contradicted an intention to revoke it. The Court therefore dismissed the appeal against probate of a copy of the Will.
Before: McCallum CJ, Kelly and Muller AJJ
A company cannot appear in the ACT Supreme Court through its director merely because the director is present. Under r 30(4), it needs a solicitor or the court’s leave for an authorised officer to represent it. Bennelong Medical had no solicitor at the hearing, and Dr Quach did not have leave. The Court of Appeal therefore accepted that the company had failed to appear and found no procedural unfairness or other error in the dismissal. The separate FCFCOA decision relied on by the company did not bind the ACT Supreme Court and arose in different circumstances.
Before: Campbell J
Before: Peden J
Before: Yehia J
Before: Scotting J
Before: Derrington J
Before: Bromwich J
Before: Member Rinaudo AM
Before: Member Rinaudo AM
Before: Beach JA, Kennedy JA
Before: Mr AJ, Priest JA, Boyce JA, Kaye JA
Before: Priest JA, Kidd JA, Kaye JA
Before: Legislation J
Before: Member Rinaudo AM