Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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: Strk J
Before: Dr J
Before: Member Hon J
Before: Senior Member P
Before: Kelly J
Before: Doyle JA, Bowskill CJ, Boddice JA
Mr Dunne had been restrained by freezing orders from dealing with his assets, including his shares. While the orders were in force, he transferred his shares in three companies and resigned as their director. The contempt charges described both acts. The Court of Appeal held that transferring the shares was enough to prove the essential breach. The charges did not fail merely because the resignations were not, by themselves, proved to be prohibited dealings. The appeal was dismissed.
Before: Mullins P, Brown JA, Bond JA
The Court of Appeal upheld the convictions. It considered the complainant’s interviews, trial evidence, cross-examination, supporting contextual evidence and the medical evidence. The court concluded that the jury could accept the complainant’s earlier recorded accounts despite weaknesses raised by the defence. The mention of a warrant did not require a new trial: it was not connected by evidence to the appellant or the alleged offending, and the jury was told not to speculate about matters outside the evidence.
Before: Cavanagh J
Before: Rothman J
Before: Walsh C