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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: Williams JJ
Before: Anderson J
Before: Longbottom J
Before: Kirk JA
The Court had already ordered the applicants to pay the first respondent's costs of an unsuccessful application to pause enforcement of a writ of possession. The first respondent later asked the Court to set a single fixed amount rather than have the costs assessed through a detailed process. Kirk JA considered the invoices, the circumstances of the litigation, and the applicable principles for gross sum orders. The Court fixed the costs at $16,000 and directed that payment be made first from the first applicant's share of the property's net sale proceeds. The judgment applies the existing gross sum costs framework to the materials in this case; it does not state that a gross sum order is automatic whenever costs are ordered.
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