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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: Strum J
Before: K Ransome, Principal MemberJ Redfern, Senior Member
Before: McWilliam J
Before: Adamson JA
The company could not readily decide to appeal because its constitution required both directors to approve litigation, while one director did not support or participate in the appeal. The Court allowed the other director, Mr Chanine, to run the company's appeal in its name. It accepted that the application was made in good faith, that an appeal appeared to have arguable grounds and could benefit the company, and that it was appropriate to excuse the missing 14-day notice. Mr Chanine had to indemnify the company for proceeding costs and any adverse costs order.
Before: Payne JA at [1], Weinstein J at [150], Rigg J at [151]
Before: Kullen AC
Before: Horton C
Before: McGuire J
The Supreme Court decided that Adams could not appeal the Local Court costs order automatically because appeals from costs orders require leave. It found no sufficiently clear error in the magistrate’s decision. The magistrate had given Adams opportunities to provide documents, was not required to identify omissions or run his case for him, and had sufficiently considered the material despite not naming each email in the reasons. The public-interest argument did not overcome the circumstances that the negligence proceedings were commenced without a required expert report and later discontinued by Adams. The Court refused leave, dismissed the summons and ordered Adams to pay the defendant’s costs.
Before: Ierace J
Before: Cavanagh J
Before: Davis J
Before: Smith J