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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.
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York wanted to stop Tomkins receiving money held in escrow while York challenged court orders requiring payment of an adjudicated construction claim. The Court considered York's appeal grounds, the evidence of possible non-repayment, the effect of existing restraints on other sums, the BIFA's cash-flow purpose and the parties' escrow deed. It considered the appeal weak and the evidence insufficient to establish a real repayment risk. The statutory and contractual arrangements supported payment to Tomkins, and the requested restraints would further delay substantial sums. The application was dismissed.
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