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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: Taylor and Bromwich JJ, Muller AJ
The Court of Appeal accepted that the offending was extremely serious but held that seriousness alone did not establish that the sentences were manifestly inadequate. The DPP identified no specific error in the sentencing reasons and did not show that the sentences fell outside an established pattern. The Court rejected reliance on added-up maximum penalties as a useful measure because the total depends on how conduct is charged and must be considered alongside totality. It also considered the mix of concurrent and consecutive sentences reasonable on the circumstances described. The appeal was dismissed.
Before: Bell CJ at [1], Kirk JA at [2], McHugh JA at [3]
The Court found that Hunt had not shown that RWC authorised Hannas to make the alleged contract, and the parties’ emails did not show that they intended to be bound before a formal contract was agreed. The alternative estoppel arguments and the unpleaded “other arrangement” argument also failed. The Court did not decide whether the payment claim adequately described Hunt’s services, but it held that service on Hannas was not proved to be service on RWC. The appeal succeeded only on costs: the claim’s failure did not itself mean it was hopeless from the outset, but Hunt’s refusal of RWC’s detailed $33,000 Calderbank offer was unreasonable. Indemnity costs therefore applied only from 25 July 2024.
Before: A Britton, Deputy PresidentG Blake AM SC, Principal Member
Before: Pepper J
Before: Horton C
Before: Galwey AC
Before: Walsh C
Before: Espinosa C
Before: Horton C
Before: Kunc J
Before: Campbell J
Before: Garling J
Before: Wilson J
Before: Parker J
Before: Magistrate Sinclair
Before: Hill J
Before: Quinlan CJ
Before: Member Rinaudo AM, Mr P