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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: Beach J
Before: Bell CJ at [1]Payne JA at [2]Free JA at [3]
Lam appealed after losing a New South Wales trial about a written agreement promising to repay Liu for liabilities Liu incurred as guarantor of Lam’s Chinese loan. Lam’s only appeal argument was that the promise lacked consideration, including because Liu had not agreed to hold off suing him. The Court of Appeal held that consideration had not been argued as an issue at trial. It could not safely be decided on appeal because evidence about the parties’ conduct and possible rights under Chinese law might have been relevant, and Liu might have pursued an alternative claim if the point had been raised in time. The Court therefore did not decide whether the agreement had consideration. It dismissed the appeal and ordered Lam to pay Liu’s appeal costs. Bell CJ also stressed that court directions must be followed and criticised the qualifications attached to the agreed statement of facts and issues. This is general legal information, not legal advice. Zoe can make mistakes. Before acting on or relying on it, have a qualified Australian lawyer check it.
Before: A Britton, Deputy PresidentL Organ, Senior MemberDr B McPhee, Senior Member
Before: S Westgarth, Deputy PresidentH Woods, Senior Member
Before: G Sarginson, Deputy President
Before: Abadee DCJ