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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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Before: Mitchelmore JA at [1], Kirk JA at [2], Adamson JA at [106]
Shield Resources paid most of the purchase price for a property registered to TGS. The appellants said TGS was holding it for Shield Resources or a future group company. The majority found that the evidence did not establish that the parties intended a trust, particularly given the stated asset-protection purpose, uncertainty about the future company and ownership, and the contemporaneous description of the transfer as a loan. The majority did not decide whether the appellants had standing to pursue the trust claim. It did change the costs order: although winding up was considered likely, the appellants’ money claims had merit and should not have been left out of account when costs were decided. Adamson JA dissented on the trust and standing issues but agreed about costs.