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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: Loop Operations P
Before: Moshinsky J
Before: Leeming JA at [1], Kirk JA at [2], Ball JA at [81]
The Court of Appeal dismissed the builder's and developer's appeal from a judgment based substantially on a referee's reports about defects in an apartment building. The main point was that the owners corporation did not automatically have to give the builder another chance to fix the defects. The builder and developer had to prove that refusing further access was unreasonable. They could not shift that burden merely by showing that access had been refused. The Court also found no procedural unfairness in the referee's treatment of correspondence, and no established error about the bathroom standard or the invoices.
Before: McHugh JA
The applicant had repeatedly not filed the documents required to progress her proposed appeal. The judge considered that this would ordinarily justify dismissal, and recognised the serious effect of delay on the 101-year-old respondent. But the applicant had provided explanations for the delay and had recently obtained legal assistance. The judge therefore gave her one final filing opportunity rather than dismissing the case immediately. The proceedings were also expedited, and the respondent was allowed to bring the dismissal request back before the Registrar on 17 November 2025.
Before: P Durack SC, Senior MemberDr K M George, Senior Member
Before: Stern JA at [1], Garling J at [2], Sweeney J at [19]
Before: Harrison CJ at CL, Lonergan J, Sweeney J
Before: Preston CJ
Before: Kullen AC
Before: Richmond J
Before: Meek J
Before: Garling J
Before: Ms J
Before: Black J
Before: Brereton J