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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: Mr J
Before: Free JA
The Court of Appeal refused to delay payment of the funds to Mr Jiang any further. The applicants relied partly on Daxin's claim that it had a priority interest in the money, but they did not provide evidence showing that the money came from the Yarraville Property sale. Daxin knew the money might soon be released, but had not taken steps to protect its claimed interest. The Court also considered it speculative that Daxin would act if given a few more days. The motion was dismissed with costs.
Before: A Britton, Deputy PresidentC A Mulvey, Senior Member (Legal)Dr B, McPhee, Senior Member (Professional)
Before: Cole DCJ
Before: Gray C
Before: Walsh C
Before: Washington C
Before: Lonergan J
The Court of Appeal rejected Cleanaway’s argument that Shamrock’s indemnity automatically covered damage simply because it happened at the work site while the contract was still in force. The damage needed a sufficient connection with the execution of the works. But the Court did not end Cleanaway’s indemnity claim: possible claims about deficient performance had not been properly pleaded or supported, and the relevant facts might be examined at trial. The appeal was therefore dismissed, with directions allowing Cleanaway to propose an amended claim and supporting evidence.
Before: Freeburn J
Before: Freeburn J
Before: Treston J
Before: Senior Member J, Mr J
Before: Tsalamandris J
Before: Ierodiaconou AsJ
Before: Delany J
Before: Richards JA, Kenny JA