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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: Ball JA
The Court ordered the appellant to provide $40,000 security for the respondent's appeal costs. It accepted that the requirement might prevent the appeal from continuing, but found that other factors outweighed that concern: the appeal grounds appeared weak, the appellant could not pay an adverse costs order, other beneficiaries could bear the resulting shortfall, and some of the appellant's financial position was linked to his conduct in related proceedings. The order set a 28-day deadline, followed by a stay if security was not provided and possible dismissal after a further 28 days.
Before: G Blake AM SC, Principal Member
Before: Ball JA at [1], N Adams J at [2], Sweeney J at [3]
Before: Pepper J
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Before: Beale J
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