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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 J
Before: Muller AJ
Before: Needham J
Before: Mr J, Jackson J
Before: Ward P, McHugh JA, Griffiths AJA
The Owners Corporation wanted a claim for future building work added to a reference ordered after an earlier appeal. The Court of Appeal said the claim was not included: the primary judge had treated it as falling away, and the Owners Corporation had not asked the Court of Appeal to revisit that result. Setting aside the primary judge’s overall monetary order did not bring the unpursued claim back into the case. The Court also refused to change its orders, noting that the Executors had not had the chance to address the claim and that the Owners Corporation had not explained its omission from the appeal.
Before: S de Jersey, Principal MemberDr K George, Senior Member
Before: P Durack SC, Senior MemberDr K George, Senior Member
Before: R C Titterton OAM, Senior MemberD Goldstein, Senior member
Before: Member Decision, Member Tribunal