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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 declined to let Ms Ward appeal late against an interim injunction. She was more than five months outside the 28-day appeal period, and the Court did not consider her explanation adequate, particularly because she had pursued another application during the delay. The Commissioner did not claim prejudice, but the Court found no apparent legal error or substantial injustice in the interim decision. The injunction did not finally decide whether Ms Ward had contravened the legal profession legislation, and the underlying case was ready for final hearing. The Court therefore considered a late appeal would have no practical utility in the circumstances. It made no order as to costs.
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