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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: Muller AJ
Before: Mitchelmore JA at [1]Adamson JA at [2]Free JA at [123]
The Court of Appeal upheld the respondents’ recovery of money paid to CBEM for work that was not performed. The contract did not make payments final merely because claims were approved or not disputed in time. SOPA payments were interim, and the contract’s requirement that claims be properly based on work actually done left room for later adjustment. The respondents could plead a money-had-and-received claim in short form. The Court did find that the primary judge had wrongly treated percentage claims as representations of fact for the ACL claim, but that error did not change the result because restitution independently supported the award. The appeal was dismissed with costs.
Before: Ward P
The Court ended YBL2’s judicial review case because it considered the dispute had become vastly more expensive and extensive than the original $98,000 debt justified, particularly given the effect of the DOCA. It did not dismiss the case for delay alone. It ordered YBL2 to pay the costs of Poche’s motion and also made Amirbeaggi personally liable for those costs, based on his involvement, funding, and connection to the company and related creditor entities. The Court did not award the costs of the judicial review proceedings as a whole.
Before: Dr K M George, Senior MemberJ Sullivan, Senior Member
Before: Pritchard J
Before: Gray C
Before: Richmond J
Before: Bennett J
Before: Gobbo AsJ