Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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: General Member J
Before: Derrington J
Before: Kennett J
Before: Bromwich J
Before: Mr P
Before: Mullins P
The Court of Appeal did not decide whether the new indictment was properly drafted or whether the compulsory interview transcripts could be used. It decided only that it had no jurisdiction to hear an interlocutory appeal against the District Court's refusal to quash the indictment. That remained so whether the application was framed under s 596, under s 590AA, or under both. The Court treated s 590AA as a procedure for seeking pre-trial rulings, not as an independent source of power to quash an indictment.
Before: Mr J
Before: Hill J
Before: Member Thompson, Member Jordan
Before: Lynn Mason AM
Before: Behrens JJ
Before: Weber SC DCJ