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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: Mr J, Colvin J
Before: Adamson JA, McHugh JA, Ball JA
The Court of Appeal decided that it had power to make an interim order keeping Haines a forensic patient while his appeal was considered. It also said the primary judge used the wrong legal test by asking whether a Community Treatment Order could manage the risk, rather than whether it would reliably do so in practice. After considering the evidence itself, the Court concluded that a CTO was not currently an adequate alternative, particularly given Haines’ reasons for wanting to stop Clozapine, the history of CTOs, and concerns about how quickly community services could respond. The Court extended his forensic patient status for two years.
Before: Free JA
The Court of Appeal temporarily delayed the respondent’s taking possession of the Edmondses’ farm. The main reason was their undertaking to pay $850,000 into Court within 21 days. If they did not pay, they agreed to give up possession and allow any money already paid into Court to be released to the respondent. The Court did not decide whether the proposed appeal ground was arguable. It also required documents about the applicants’ liability to Murray Laws and set the matter down for further directions.
Before: Health J
Before: Dicker SC DCJ
Before: O’Neill C
Before: Targett C
Before: Espinosa C
Before: Walton J
Before: Fagan J
Before: Pike J
Before: Walton J
Before: Kelly J
Before: Jane Dixon J
Before: Quigley J
Before: O’Meara J
Before: Craig J
Before: Mr P, Ms J