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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
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Before: Payne JA at [1]Kirk JA at [2]Ball JA at [3]
The Court of Appeal found the policy covered the underground pipes because they were structural improvements connected to insured storage tanks. The insurer could not rely on the construction-work exclusion because it had not proved the amount payable under contracts for the work. Tanwar could not reopen its unsuccessful proof of the full amount claimed, but it recovered the reasonable rectification cost established by the evidence: $149,021. Its lost-rent claim failed because there was no evidence the lease allowed rent to be reduced in the circumstances.
Before: Bell CJ at [1]Mitchelmore JA at [2]Kirk JA at [49]
The Court of Appeal upheld the Secretary's decision to pay $188,172.20 rather than the $419,976.07 assessed as the maximum amount of reasonably incurred costs. The Act lets the Secretary choose an amount up to that maximum; it does not require payment of the maximum or confine lower payments to exceptional cases. Applying the published Attorney General's rates was not shown to be legally unreasonable in the circumstances. The appeal was dismissed with costs.
Before: Baker and Taylor JJ, Elkaim AJ
Figura received a DATO after sentencing for serious driving offences. After repeated breaches, the order was cancelled and the suspended prison sentence was put into effect. The sentencing judge imposed the full original sentence, although the law required imposition of only the part that had been suspended. The Court of Appeal found that this mistake favoured Figura, so it did not justify a fresh sentencing exercise. It also held that the decision to impose the suspended sentence, the original sentence and the non-parole period were not manifestly excessive. The appeal was dismissed.
Before: Black J
Before: Muller AJ
Before: Hindman J