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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.
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The Court of Appeal refused Mr Behrens permission to appeal his sentence and related orders again. It accepted that the Magistrates Court's sentencing process had irregularities, including proceeding without inviting sentencing submissions, but considered that the District Court had addressed those matters and would have imposed the same sentence. The Court also noted that no convictions were recorded, the probation and animal-keeping prohibition orders had expired, and the District Court had already reduced the veterinary-cost contribution. It said brief reasons should have been given for the District Court costs order, but found the order was open on the information before it. Mr Behrens was ordered to pay the respondent's costs of the leave proceeding.
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