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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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The Court of Appeal refused the applicant permission to challenge his sentence. It found no apparent error in the sentencing judge’s treatment of the guilty plea, mitigation, adjournment request or domestic violence context. The Court also held that the cited cases did not make the six-year sentence or parole eligibility date plainly unjust. The decision stresses that sentencing comparisons are guides, not fixed limits, and that an appeal requires more than showing that another sentence might have been preferable.
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