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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: McCafferty J
Before: McCafferty J
Before: Thomson P
Before: Bell CJ, Ward P, Free JA
The NSW Court of Appeal invalidated a scheme that let police restrict authorisation of all public assemblies in a declared area after a terrorist-related trigger. The scheme made protests more legally precarious and exposed participants to additional police directions. The Court held that suppressing assemblies to avoid disharmony was not a constitutionally compatible purpose, and that the scheme was too broad to distinguish between assemblies presenting different risks. The earlier PARD's expiry did not prevent the Court from deciding the challenge because the laws remained in force and could affect the plaintiffs' future protest activities.
Before: Bell CJ, Ward P, Leeming JA
The Court of Appeal held that a properly prepared and served expert certificate under s 177 can be admitted without separately proving the expert-opinion requirements in s 79, if no party requires the certificate’s maker to give evidence under s 177(5). If that notice is given, the certificate is not admissible under s 177(6), and opinion evidence from the expert must meet the applicable requirements for oral evidence. The Court granted JS leave to appeal but dismissed the appeal, upholding the primary judge’s interpretation.
Before: Payne JA, Kirk JA, Adamson JA
The Court of Appeal set aside an order that had stopped Solve Legal acting for Ms Townsend. The alleged information was about a former supervisor and his wife, not Banga Legal clients. The Court said social observations were not confidential, and discussions about litigation strategy were ordinary professional know-how on the evidence before it. The information had not been identified with the precision required for a restraint. The primary judge had also made orders against Solve Legal without it being joined to the motion, even though the orders directly affected the firm. The Court emphasised that restraining a lawyer is an exceptional step and that parties generally choose their own lawyers.
Before: Bell CJ, Adamson JA, Ball JA
The Court of Appeal did not decide an appeal about the ultimate validity of the meetings or the Agency Agreement. It decided that the Owners had not shown sufficient grounds for permission to appeal the refusal of a stay. The Court considered that the dispute was, in substance, about the extent of Bright & Duggan’s authority under its Agency Agreement. It also considered that expert determination between the Owners and Ausbao would not bind Bright & Duggan and could split related issues between different forums. Leave was refused, with costs.
Before: Beach JA, Donaghue JA
Before: Wheatley J
Before: Stewart J
Before: Neskovcin J
Before: Button J
Before: Herzfeld P, Goodman J
Before: Taylor J, Chin J
Before: Mitchelmore JA at [1] Adamson JA at [2] Stern JA at [101]
The Court of Appeal dismissed Tekin’s attempt to obtain substantially more damages from his former solicitors. Although the solicitors accepted liability for losses connected with the defective notice and their conflict of interest, Tekin still had to prove that the alleged failures to advise caused the larger loss he claimed. The Court accepted findings that he knew he could sell the land, but wanted at least $10 million and preferred to refinance and pursue possible rezoning rather than sell at a lower price. The evidence did not show a buyer prepared to pay his minimum price or establish a valuable lost opportunity. The same need to prove causation applied to the fiduciary-duty claim.
Before: Ms P