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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: Beale J
Before: Irving AsJ
Terry (a son) sought to overturn an existing grant of administration by producing a copy of his father's 1990 will and alleging the original had been destroyed by his mother's solicitor in 2009. The Court accepted the copy was genuine and duly executed, but found Terry did not prove, on the balance of probabilities, that the original was not destroyed by the deceased (or that it had been destroyed by the solicitor). The Court preferred the solicitor's evidence, found Terry's account implausible and dismissed the application. The Court indicated a preliminary view that Terry should pay State Trustees' costs.
Before: Senior Member P