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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: McCallum CJ
Before: Dhanji J
Before: Harrison AJ
Before: Williams J
Before: Pike J
Before: Cavanagh J
Before: Hamill J (as Duty Judge)
Before: Bennett J
Before: Black J
Before: Cavanagh J
Before: Bennett J
Before: Mossop J
The father asked the Court of Appeal to preserve his daughter’s body and require further examinations while his appeal proceeded. The Court refused. The Coroner had already released the body, and it was held by a funeral home that was not a party. Because the requested orders were directed only to the Coroner, they could not effectively control the body. The Court also considered that the statutory provisions cited did not require the particular examinations sought and that most of the appeal grounds did not justify interim relief. The Court did not decide whether leave to appeal was required.
Before: Ward P at [1] Payne JA at [2] Mitchelmore JA at [3]
The Court of Appeal held that the statutory diplomatic-channel method for serving a foreign State remained effective under Australian law when its requirements were met. It also held that Article 9(2) of the Hague Service Convention permits diplomatic-channel service in exceptional circumstances, including service on a State. Because the Republic's arguments did not succeed, the Court did not need to decide whether the Convention generally provides an exclusive system for service abroad or finally determine the effect of the statutory certificate. The appeal was dismissed after leave was granted.
Before: Mitchelmore JA at [1] Dhanji J at [2] McNaughton J at [67]
Before: Muller J
Before: Baker J
Before: Kirk JA at [1] Yehia J at [2] Sirtes J at [3]
Before: Mossop J
Before: Taylor J
Before: Kelly AJ
Before: McWilliam J
Before: McNaughton J
Before: R A Hulme AJ
Before: Harrison AJ
Before: Bennett J
Before: Bennett J
Before: Adamson JA at [1] McHugh JA at [2] Free JA at [61]
The Court held that the 2024 Order did not say that a prosthesis absent from the Prostheses List attracted a nil payment. Clause 8(1) sets the applicable minimum benefit rate when a prosthesis is selected from that List. Because the disputed prosthesis was not on the List and the Order did not otherwise set a maximum for it, the statutory default measure applied: the cost to the hospital. The Court allowed Bishop's appeal and restored the Commission determination in his favour.
Before: Muller J
Before: Mossop J