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: Campton J
Before: Moore J
Before: Member Symons, Member Neville
Before: Ward P, Mitchelmore JA, McHugh JA
Campbell asked the Court of Appeal to set aside its 2019 judgment, arguing that the hearing was procedurally unfair and that the Court had made a serious legal error about easements. The Court treated the motion as a challenge to the process by which the judgment was reached, not an opportunity to re-argue the appeal. It found that Campbell’s counsel understood and answered the point raised during the hearing, and that the applicant had not identified a specific procedural requirement that had been breached. The Court therefore dismissed both motions and ordered Campbell to pay the respondents’ costs.
Before: P H Molony, Senior Member
Before: Gray C
Before: Martin SJA
Before: Martin SJA
Before: Martin SJA
Before: Martin SJA
Before: Delany J
Before: Senior Member J