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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: Galwey AC
Before: Galwey AC
Before: Crow J, Bowskill CJ, Bond JA, Bradley J
The Court of Appeal dismissed Bradshaw's appeal against his murder conviction. It held that the police were not shown to have breached PPRA s 422: a diagnosis of schizophrenia and medication history did not, without sufficient objective indications of current impaired capacity, establish reasonable grounds for the statutory suspicion. It also held that the jury had already been directed to consider the interview's reliability in light of Bradshaw's condition, medication and unusual statements, so a further mental-disability warning was unnecessary.
Before: Crowley J, Boddice JA
Oates received concurrent prison sentences for two offences involving a four-year-old child, with two months to be served before the balance was suspended for six months. He sought leave to appeal, arguing that the sentencing judge overlooked delay, should have found exceptional circumstances, and imposed excessive sentences. The Court of Appeal rejected each argument. It considered the delay in the context of the pre-recorded evidence and trial history, found that the offending remained serious despite its short duration and lack of physical touching, and concluded that the sentence did not meet the high threshold for appellate intervention described in Hili. Leave was refused.
Before: Mullins P, Doyle JA, Cooper J
The Commissioner had unpaid costs orders against Mr Amos and sought to enforce them using a warrant. Mr Amos argued that a two-year inactivity rule meant the Commissioner needed leave, that the delay justified stopping enforcement, and that he should be allowed to challenge the costs assessments. The Court of Appeal rejected the first two arguments. It agreed that the primary judge had used the wrong 14-day rule for the costs-review application because Mr Amos had requested reasons, but held that this mistake did not change the result: he had earlier opportunities to raise objections and had not shown grounds for setting aside the assessments or orders. The appeal was dismissed with costs.
Before: Daly AsJ
Before: Watson J
Before: Sloss J
Before: Scotting DCJ
Before: Hammerschlag CJ in Eq
Before: Dhanji J