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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 removed O’Brien from the Roll after finding that his repeated and concealed misappropriation of substantial estate funds showed he lacked the honesty, trustworthiness and integrity required of a solicitor. The Court had to reach its own conclusion even though he did not oppose removal. It also made a formal declaration and ordered him to pay the Council’s costs, including costs connected with documentary evidence needed for the Court’s assessment.