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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: Jones JJ
A solicitor's negligence in preparing a pre-marriage financial agreement did not, by itself, prove that the client lost money. Mr Daily needed evidence showing what a properly prepared agreement would have provided, whether his former spouse would have agreed to it, and whether it would have remained effective and improved his financial position. He did not provide that evidence, so the High Court set aside the Full Court's order for a further damages assessment. The Court's reasons also explain that the property provisions of this kind of financial agreement do not take effect until separation, so any loss tied to those provisions could not arise earlier than separation. The $38,000 award for specified legal costs remained undisturbed.
Before: Jones JJ
Dr Gray had paid Lavan legal bills, and the parties later agreed that Lavan would repay $900,000 as if a taxation had ordered that refund. They left interest for separate resolution. The High Court held that the applicable Western Australian legislation supplied the complete process for recovering legal-cost overpayments and interest after certification. It did not allow a separate common law restitution claim for the period before a certificate. The settlement deed did not change that result. The Court dismissed the appeal and did not decide the broader law on interest in restitution.
Before: R C Titterton OAM, Senior MemberM Tyson, Senior Member