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: Slattery AJ
Before: Kelly AJ
Before: Slattery AJ
Before: Herzfeld P, Derrington J
Before: Ms J, Needham J
Before: Mr J, Cheeseman J
Before: Ms J, Downes J
Before: Adamson JA at [1]Chen J at [2]R A Hulme AJ at [142]
Before: Newlinds SC DCJ
Before: Beasley J
Before: Dixon SC
Before: Kullen AC
Before: Dickson C
Before: Espinosa C
Before: Dickson C
Before: Campbell J
Before: Mullins P, Crow J
The appellant admitted that his scissors caused Mr Tagaloa’s death but argued that he acted in self-defence and did not intend to kill or cause grievous bodily harm. The Court of Appeal examined the video evidence and the other trial evidence independently. It concluded that the jury could reject self-defence and infer the required intent from the circumstances of the blow. The trial judge was not required to repeat counsel’s argument that the stabbing may have been reflexive or fear-driven, because the directions and evidence had adequately put the issue before the jury. The appeal was dismissed.
Before: Ryan J, Mullins P
The deceased’s daughter sought provision from the estate, while the granddaughter who was executor claimed that the estate’s principal property belonged beneficially to her under a constructive trust. The Court considered that this claim conflicted with the executor’s role in collecting estate assets and that the outstanding family provision proceeding required an independent person to administer the estate. The appellant’s purported resignation and appointment of a replacement did not itself end her role. The independent administrator’s appointment did not decide who beneficially owned the property. Although the appellant and her attorney were too ill to attend the appeal hearing, the Court refused an adjournment because it considered the appeal could not succeed and that further proceedings could add costs to a modest estate. It dismissed the appeal with costs.