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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: Commissioner P
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The Court removed Samantha Gow from the roll of Australian lawyers after finding that her conduct, taken together, showed she was not fit and proper to remain a lawyer. The Court relied on her failure to complete a required course, acting as a solicitor without a current practising certificate, dishonest use of client money, forged court orders, and further offending. The trust-account conduct and the false court orders would each have been enough on their own to warrant removal. Gow did not take an active part in the proceedings, but the Court assessed the evidence independently.
Before: Bourke SC DCJ
Before: O’Neill C
Before: Kullen AC
Before: Galwey AC
Before: Bradley J, Doyle JA
Doyle JA refused to pause enforcement of the judgment while the applicants pursued an appeal. The Court could hear the stay application even though the appeal was filed late and no extension had yet been granted. It assumed the appeal was arguable, but the applicants had not explained what defence might have changed the original result. Their delay, missed deadlines, limited evidence about their finances, and failure to address the respondents' prejudice all weighed against a stay. Possible bankruptcy and liquidation were relevant but did not outweigh the respondents' interest in their unpaid judgment on the material before the Court. The Court also noted that the alleged failure of the applicants' former solicitors to attend might be relevant to a separate application to set aside the judgment, but did not decide that question.
Before: Ms J
Before: O’Meara J
Before: Quigley J