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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: Lonergan J
Before: Ball JA
Before: Jones JJ
The High Court held that the Commonwealth could legislate to end the Russian Federation's lease because the land was in the Australian Capital Territory. But ending the lease gave the Commonwealth an unencumbered proprietary advantage, so it counted as an acquisition of property. The Court rejected the argument that compensation was unnecessary because the Commonwealth had no planned use for the land or was acting for national security. The Act therefore remained valid, while the Commonwealth remained liable to pay reasonable compensation under its own compensation provision.
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Before: Colvin J
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