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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: Member Symons, Member Neville
Before: McWilliam J
Before: Kelly AJ
Before: Ms J, Mr J, Downes J
Before: Stern JA, Price AJA
The Court of Appeal refused Colman permission to appeal. It held that his complaints about evidence, the ducting works, and the characterisation of the waterproofing claim did not show that Kirk J had failed to decide a central, clearly articulated issue. The decision concerns the threshold for alleging constructive failure to exercise jurisdiction and obtaining leave to appeal. It does not itself decide whether the owners corporation breached s 106 or whether damages were available on the merits.
Before: Bell CJ at [1], Stern JA at [80], andMcHugh JA at [81].
The appeal concerned the base on which a 2% mining royalty was calculated. LRL said it had assumed only the royalty associated with XNAO’s former 87.15% joint venture interest. Drem said the royalty applied to LRL’s current 100% interest. The majority agreed with Drem. It reasoned that the 1994 deed covered a tenement Hunter owned outright, so the phrase “proportionate share or interest” could include 100%, and that no clause froze the royalty at the joint venture percentage when the joint venture ended. The majority therefore dismissed LRL’s appeal. McHugh JA disagreed, considering that the royalty followed only the interest derived through Hunter and XNAO, not the additional interest derived through Giralia.
Before: Gray C
Before: Pepper J
Before: Hammerschlag CJ in Eq
Before: Grant CJ, Huntingford J, Riley AJ
Before: Daly AsJ