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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: Mitchelmore JA at [1]McHugh JA at [2]Ball JA at [3]
The Court of Appeal accepted that AIAC’s appeal application was late and extended the filing time, but refused permission to appeal. It reasoned that the data cards were physical objects, while the recorded data was information. AIAC had obtained the data from equipment it owned or leased, not from the ATSB under the ATSB’s authorisation power. The TSIA provisions relied on by AIAC were not read as stopping a person from using information they already had a right to access. The leave application did not identify a sufficiently significant legal issue or clear injustice. AIAC was ordered to pay Mr Zheng’s costs of the application.
Before: Bell CJ, Stern JA, Griffiths AJA
The Court of Appeal refused the Builder permission to challenge an order about who should receive money held by the Court. The primary judge had asked whether the judgment amount included money the Club had already paid to the Builder’s Subcontractor. The Builder’s solicitors responded that the amount should not have been paid into Court and proposed orders consistent with the Club receiving it. The Court of Appeal considered that the primary judge could rely on that position, and that the Builder had not withdrawn it. The Court also found no error in the primary judge asking how the prior payment affected distribution. The supplied judgment contains inconsistent figures for the disputed amount: it refers principally to $81,978.47, but several passages state $81,987.47. This analysis does not resolve that inconsistency.
Before: S Westgarth, Deputy PresidentR Alkadamani, Senior Member
Before: P Durack SC, Senior MemberN Kennedy, Senior Member
Before: Member Decision
Before: Horton C
Before: Stern J
Before: Hmelnitsky J
Before: Sweeney J
Before: Cuthbertson J
Before: Cuthbertson J, Pearce J
Before: Mr J
Before: Sloss J
Before: TINNEY J
Before: Efthim AsJ
Before: Kenny J
Before: Bowskill CJ, Bond JA
The Queensland Court of Appeal dismissed a father’s appeal against convictions for sexual offences against his daughter. The appeal concerned whether the jury needed more direction about the delay before the daughter first complained. The Court held that the relevant Evidence Act provision did not require a direction that delay was relevant to credibility. It instead conditionally prohibits that kind of direction unless sufficient evidence justifies it. The trial judge gave the required directions that delay does not by itself show an allegation is false and that there may be good reasons for delay. The jury also heard the complainant’s explanation and the parties’ arguments about it. In the circumstances, the judge did not need to say more.
Before: Austin J
Before: Mr J
Before: Black J
Before: Slattery J
Before: Cooper J