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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.
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The Court of Appeal would not reconsider the sentence using new psychological or other evidence that had not been before the District Court. The applicant’s claim that the aggravated-offence characterisation was procedurally defective was not supported by evidence in the lower courts and could not be repaired on a strict appeal. Considering the sentencing material that was before the District Court, the Court of Appeal found no reasonable argument that the two-month prison sentence was manifestly excessive. It refused leave to appeal.
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