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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: McNab J
Before: Strum J
Before: Horton C
Before: Porter C
Before: Baker J
Before: McWilliam J
Before: Free JA
The Court of Appeal temporarily stopped enforcement of the costs orders while it dealt with whether Kearney was legally incapacitated and whether a tutor should take responsibility for proceedings. Although he had not filed a formal appeal from the final judgment, the Court considered his draft grounds because the capacity question was unresolved. It found an arguable issue about his ability to participate in the trial and accepted that enforcement could add to the risk to his mental health. The respondents showed no particular harm from a short delay. The stay was limited and could be revisited if the capacity and tutor issues remained unresolved after 11 December 2025. The ruling did not decide whether an appeal would succeed.
Before: D Robertson, Principal MemberJ McAteer, Senior Member
Before: Ward P at [1]Adamson JA at [2]Weinstein J at [62]