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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: Besanko J
Before: Taylor, Charlesworth and Stewart JJ
The Court of Appeal left in place an order limiting the costs payable for Consolidated Builders Limited and four non-executive directors to one set from 11 August 2022. The key point was that the primary judge could assess the work actually done at trial and decide that the defendants’ cases overlapped, even if keeping separate lawyers had been a reasonable choice. The joint offer of compromise was not treated as creating a common interest; it was a date by which the alignment was apparent. The Court also questioned whether the company had a legal interest in defending claims against its directors. Consolidated’s cross-appeal was dismissed with costs.
Before: Burns AJ
Before: Bennett J
Before: Adamson JA
The applicants wanted the money held in an account to remain there while they pursued a proposed appeal. Their argument relied substantially on allegations that Mr Jiang had misled them, but those allegations had already been struck out and the applicants had not appealed that decision. Adamson JA concluded that evidence about those allegations could not have been considered at the trial because it was outside the live pleadings. The applicants also did not prove that Mr Jiang would be unable to repay the money if they later succeeded. The motion was dismissed, although the stay was continued for 14 days to allow the applicants to consider seeking review.
Before: A. Bell SC, Senior MemberD. Goldstein, Senior Member
Before: D Robertson, Principal MemberJ Connelly, Senior Member
Before: Pain J