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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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The Court of Appeal refused Homeland leave to challenge conditions requiring it to provide water and sewerage infrastructure for its development. The statutory route Homeland relied on, s 128, depended on requirements in s 127 being met. In the Court’s reading, the relevant infrastructure had to be identified in the LGIP and had to have the required connection to the development site. The amended LGIP did not identify water or sewerage trunk infrastructure for the site, and the evidence did not show that the existing infrastructure relied on by Homeland was inadequate. The Court also found no legal error in the primary judge’s alternative reasoning or in the adequacy of the reasons. The result was that the application for leave to appeal was refused with costs.
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