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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
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The Court of Appeal refused Heidke leave to appeal his sentence. It held that the sentencing judge had not resolved disputed inferences without applying the required process under s 132C, because the relevant inference about the son’s role and financial benefit was not challenged at sentencing. The “Port Royal 50k” marking was treated as evidence of money moving through the trafficking operation, not as proof of a $50,000 payment to the son as remuneration. The Court also regarded the two years and four months between charge and sentence as ordinary in context, not extraordinary delay. Since the excessive-sentence argument depended on the rejected delay contention, the Court found no basis to disturb the sentence.
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Jones admitted parking in a metered space but said he mistakenly believed parking there on a Sunday was free. The Court of Appeal treated that belief as a misunderstanding of the law, not a mistake about the facts. It also found no reasonable argument that the District Court had erred on Jones’s other grounds. Because the case did not meet the stated threshold for leave to appeal, the Court dismissed the application and ordered costs of $1,800.
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