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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.
1,764 case citations
Before: General Member J
Before: Gill J
Before: Member P
Before: Member P
Before: Boddice JA, Brown JA
The Court of Appeal said that lawyer discipline is about protecting the public and preserving confidence in the profession, not punishing a practitioner. A Tribunal deciding whether to remove a lawyer from the roll must assess probable permanent unfitness as part of that protective inquiry, rather than as a separate test focused mainly on personal circumstances. Tang's conduct involved multiple deliberate steps to divert client money and conceal what had happened. The Court considered that the Tribunal had not adequately assessed the effect of that conduct on the profession's integrity, and that the psychological evidence did not persuasively show a substantial change. It set aside the Tribunal's orders and ordered Tang's name removed from the local roll.
Before: Crowley J, Doyle JA, Bond JA
The Court of Appeal overturned Nathan Stevens’ conviction because the prosecution had not proved a required part of the offence. The fact that Stevens had been told about his father’s comment could be relevant to whether he was alerted to a possible problem and what safety steps were reasonably practicable. But the comment did not prove that the power line had already sagged. Because nobody could establish when it sagged, the prosecution could not exclude the possibility that the line lowered only immediately before the fatal incident. The Court therefore found that breach of duty had not, on the evidence, been shown to expose the workers to the relevant risk. The not-guilty decision was restored.
Before: Mr P, Jackman J
Before: Davis J
Before: Christie JJ
Before: Taylor J