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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 J, Baumann J
Before: Goulden AsJ
Before: Mossop J
Before: O'Callaghan J
Before: Leeming JA at [1]Kirk JA at [11]Ball JA at [96]
The Court of Appeal held that the Commission was not barred by s 26(5) of the MOPS Act from hearing victimisation claims generally. But Ms Ashton's particular claim concerned only the termination of her employment. Under the MOPS Act, the MP's decision to dispense with her services automatically ended the employment by operation of statute. The State did not itself take the terminating action, and the MP was not an employer for the relevant IR Act purpose merely because she had engaged Ms Ashton for the State. The Commission therefore lacked jurisdiction over this application, and its orders were quashed.
Before: Dr K M George, Senior MemberJ Ledda, Senior Member
Before: A Britton, Deputy PresidentI Coleman SC ADCJ, Principal MemberL, Porter, General Member
Before: Blake AM
Before: Member Decision
Before: Neilson DCJ
Before: Harris J