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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: McWilliam J
Before: Adamson JA at [1], Stern JA at [2], Ball JA at [93]
Mars challenged the compensation decision on the basis that the Commission’s appellate reviewer had not properly assessed medical evidence and had not dealt with its arguments about Mr Knight’s incapacity. The Court of Appeal held that the reviewer did make an error when he treated the Member’s interpretation of Dr Lyons’ report as acceptable merely because it was open to the Member. But the error did not matter to the result: the accepted evidence of Mr Knight and Dr Dias independently supported the decision, and Dr Lyons’ report did not support Mars’ medical position. The Court also held that the reviewer had addressed Mars’ incapacity arguments and had not been asked clearly to revisit the Member’s general credibility findings. The appeal was dismissed.
Before: Bell CJ, Ward P, Free JA
The Court of Appeal upheld the finding that an 1873 deed requiring an efficient course of education for “youth” did not require Newington College to remain boys-only. The Deed used other gender-neutral terms, gave the Council discretion over admissions, and did not expressly restrict enrolment by sex. The newspaper extracts and later boys-only admissions did not change the Deed's meaning. The appeal was dismissed.
Before: Kirk JA
The Supreme Court refused to extend Dale Haines’s forensic-patient status, and the Attorney General appealed. The existing interim order was due to expire before the appeal could be heard. Kirk JA decided that the appeal was a separate set of proceedings for the statutory interim-order provisions, so the Court of Appeal could make a new interim extension order without being prevented by the three-month period that had applied to the earlier order. The order was made until 19 December 2025, and the appeal was expedited to 6 November 2025. The Court did not decide whether the Supreme Court was right to refuse the longer extension.
Before: S de Jersey, Principal MemberJ Redfern, Senior Member
Before: Gibson DCJ
Before: Pritchard J
Before: Galwey AC
Before: Schmidt AJ
Before: Ms J
Before: Member Hon J
Before: Deputy President P
Before: Smith J
Before: Mr J