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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: O'Sullivan JJ
Before: McElwaine JJ
Before: G K Burton SC, Senior MemberH Woods, Senior Member
Before: S De Jersey, Principal MemberR C Titterton OAM, Senior Member
Before: Easton DP
Before: Mossop J
The Court considered an appeal that had not progressed because the required appeal documents had not been shown to have been served and the appellant had repeatedly not attended listed proceedings. The appellant's stated wish to have the appeal decided on written material did not remove the obligation to serve the documents. Mossop J found that the appeal had not been prosecuted with appropriate effort for three months and made a conditional order. Unless the appellant served the sealed notice of appeal and filed proof of service by 4 pm on 31 October 2025, the appeal would be dismissed for want of prosecution. The Court did not decide the substantive appeal grounds.
Before: McWilliam J
Before: Derrington J
Before: Horan J
Before: Mr J, Thawley J
Before: Mitchelmore JA at [1], McHugh JA at [2], Griffiths AJA at [3]
The Court of Appeal set aside the District Court’s APVO because Ms Lo had not been given a chance to address the change in its dates, and there was a realistic possibility her submissions could have affected that decision. The Court did not find that the date change was beyond the District Court’s power, and it left the $15,000 costs order in place because another statutory provision could support it. The matter was sent back to the District Court to reconsider the APVO’s term.
Before: A Britton, Deputy PresidentS Handebo, Principal Member (Legal)C M, Kennedy, Senior Member (Professional)
Before: A Britton, Deputy PresidentI Coleman SC ADCJ, Principal MemberL, Porter, General Member (Community)
A son applied for a financial management order for his mother, who has early-stage Alzheimer's disease. The Tribunal refused, relying on expert evidence that she could still manage her affairs with support. The son appealed, claiming the experts were wrong and that new evidence showed his mother had suffered a stroke and was being financially exploited. The Appeal Panel refused leave to appeal, finding the Tribunal's decision was supported by proper expert evidence, the claimed stroke had no evidential basis, and the 'new evidence' was either available earlier or irrelevant. The appeal had no reasonable prospects of success.
Before: Mitchelmore JA at [1]Kirk JA at [61]Hamill J at [62]