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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: Horton C
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Before: Porter C
Before: Kullen AC
Before: Stern J
Before: Bowskill CJ, Bradley JA, Wilson J
The Court of Appeal did not reduce the sentences or accept the applicant’s arguments that they were too severe. It found that the incorrect maximum penalty had not affected the sentencing decision. The Court did, however, correct the wording because the District Court intended the prison terms to be suspended after MEW had served 96 days, rather than suspended immediately. The sentences and the declaration that 96 days had already been served otherwise remained in place.
Before: Bowskill CJ
The Court of Appeal majority held that the offence of clearing native vegetation could count as an offence relating to property, so the Criminal Code claim-of-right provision was potentially available. A claim of right must be a claim to a legal entitlement concerning the property and, if it were correct, must answer the particular offence. Here, the District Court judge found that Mr Burns honestly believed Quandamooka people had a right, based on historical practices, to clear land for building. The Court of Appeal majority considered that the evidence supported that finding and that the Council had not excluded the claim beyond reasonable doubt. It therefore dismissed the Council’s appeal. Bowskill CJ dissented, including on the view that Mr Burns’ asserted claim was not raised by the evidence and that, if it had been, the matter should have been sent back for retrial.
Before: Smith J
Before: Ryan J
Before: Ryan J
Before: Kelly J
Before: Keogh J
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Before: Ms J