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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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The Court of Appeal held that G8 had to advance legal costs that Hutson reasonably expected to incur in defending the relevant proceedings. The requirement was not a separate test that every expected cost had to be reasonable in isolation, but the size and character of the costs could still matter when deciding whether her expectation was reasonable. G8 could set reasonable terms about how an advance operated, but could not use those terms to delay or narrow its obligation. It could not require earlier advances to be spent first or limit consideration to monthly requests. The Court removed an overly absolute declaration about cost reasonableness, adjusted the wording of the declaration about terms, and did not decide the specific challenge to the third proposed term.
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