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: Mullins P, Boddice JA, Brown JA
The Court of Appeal refused Ford permission to appeal her sentence. She did not dispute the five-and-a-half-year prison term, but argued that parole eligibility after 15 months did not give enough weight to the mitigating features of her case. The Court considered the seriousness of the driving, the evidence of alcohol and cannabis use and impairment, the sentencing judge’s consideration of mitigation, and the authorities cited by the parties. It concluded that comparable cases do not set fixed limits and that there was no reason to find the sentencing judge had applied the wrong principles or reached an unreasonable or plainly unjust result.
Before: Henry J
Before: Henry J
Before: Moore J
Before: Gorton J
Before: Connock J
Before: Fox J
Before: Irving AsJ
Before: Craig J
Before: Mr P
Before: Senior Member J
Before: Hogan J
Before: Tottle J
Before: McGrath J
Before: Thomson P