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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.
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BQN challenged his conviction by arguing that inconsistencies and other weaknesses in the complainant’s evidence meant the jury could not safely find him guilty. The Court of Appeal reviewed the whole evidence independently, while recognising that the jury had seen and heard the witnesses. It considered each alleged weakness and their combined effect. The Court concluded that the inconsistencies did not undermine the essential account enough to make the verdict unreasonable. The appeal was dismissed.
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