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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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The application proposed replacing lower timber panels in a first-floor window with clear glass. The Court accepted that the change would improve the outlook from the applicant’s home, but found it would permit views from seated positions into part of the neighbour’s private outdoor area. Because part of that area was within 9 metres of the window, the Court considered the MRDCP privacy provisions relevant. Possible future screening by trees was uncertain. The Court considered the privacy impact outweighed the outlook benefit and dismissed the appeal. The judgment cites Zhang for the weight given to visual privacy, but does not explain that case’s reasoning or discuss later treatment of this decision.
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