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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
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The Court of Appeal held that a sentencing judge does not always have to state a guilty-plea starting sentence as a separate number. In this case, the judge's statement that the sentences were reduced by about 25 per cent made it possible to work out the starting points, so s 37 was satisfied. The Court also found that the sentences were not shown to be too high in the legal sense required for appellate intervention. It considered the serious, repeated violence and controlling behaviour, the higher maximum penalty for the most serious offence, the separate harm from the offences, and the offender's personal circumstances. The appeal was dismissed.
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