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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
Victoria's electoral law limited how much a political donor could give, but let a party receive uncapped money from its nominated entity. The three major parties had entities appointed before a deadline and those entities held substantial assets. Victoria accepted that the deadline-based difference in eligibility could not be justified. The Court concluded that the relevant parts of the scheme could not be separated without changing how the rest of Pt 12 worked, so it declared the whole Part invalid. Edelman J also considered that the scheme's purposes were inseparable and that the deadline-based rule had an illegitimate exclusion purpose.
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