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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: McCallum CJ, Kelly and Muller AJJ
The Court of Appeal dismissed Dr Quach’s appeal against the dismissal of his contempt application. His only formal appeal ground relied on a case about constitutional limits on combining arbitral and judicial powers, which the Court said had no relevance to his appeal. The Court also confirmed that Mossop J’s decision refusing him leave to appear for Bennelong was interlocutory because it did not finally decide Bennelong’s rights in its tax dispute with the Commissioner. The appeal was dismissed, with Dr Quach ordered to pay the Commissioner’s appeal costs.
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