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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
Before: Senior Member J
Before: Fox J
Before: Muller J
Before: Shariff JJ
Before: Bell CJ, Payne JA, Stern JA
The Council appealed after the District Court found it negligent for leaving a concealed hole in a grass verge. The Court of Appeal accepted that the trial judge could find the Council had been told the sign had fallen and that the sign’s fall left a hole. That knowledge defeated the Council’s s 45 argument on the factual findings. The Court also said, if required to decide the point, the hole-filling work was connected with the traffic control sign and was not road work for s 45 purposes. The ordinary steps that could have made the hole safe did not require a special statutory power under s 43A. The appeal was dismissed.
Before: Yehia J
Before: Mullins P, Doyle JA, Henry J
The Court treated the appellant’s back injury and psychiatric injury as separate injuries, even though she said the psychiatric injury followed from the back injury. The assessment for the back injury did not cover the psychiatric injury. Although the statutory scheme could allow damages for an unassessed injury from the same event in some circumstances, the insurer first had to decide that the worker sustained that injury. As no such decision had been made, the Court upheld the strike-out decision on the ground argued on appeal. It granted leave to appeal but dismissed the appeal.
Before: Mullins J