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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: Greenwood J
Before: Halley J
Before: Ward P, Payne JA, Griffiths AJA
The Court of Appeal refused Allchin permission to appeal the dismissal of his personal injury proceedings. It held that the dismissal had not decided the claim on its merits, so the decision was interlocutory and leave was needed. The Court considered that the trial judge had sufficient alternative powers to dismiss after Allchin left the hearing and would not continue prosecuting his case. It also rejected the argument that the refusal to adjourn was unreasonable or plainly unjust. The Court ordered costs against Allchin.
Before: Preston CJ
Before: O’Neill C
Before: Miller AC
Before: Kullen AC