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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: Leeming JA
Before: Peden J
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Before: Walton J
Before: Schmidt AJ
Before: Hmelnitsky J
Before: Hmelnitsky J
Before: Mullins P, Boddice JA, Sullivan J
The appellant transferred almost $200,000 to the respondent while they were romantically involved. The trial judge accepted the respondent's evidence that the first payment was expressly given as a gift and found the second was made on the same basis. The Court of Appeal found no reason to overturn those factual findings. It also rejected arguments that the payments were conditional, that restitution had to be considered despite the way the appellant ran the case at trial, or that new mistake-based claims could be raised for the first time on appeal. The appeal was dismissed with costs.
Before: Williams J
Before: Williams J
Before: Cooper J
Before: Copley J
Before: Matthews J
The Supreme Court of Victoria granted a Group Costs Order (GCO) allowing Maurice Blackburn to charge 33% (including GST) of any award or settlement in a class action against Sportsbet. The case alleged Sportsbet's 'Fast Code' betting service illegally allowed online gambling. The Court found 33% was reasonable given the novel legal issues and risks involved, despite being higher than most previous GCOs. The Court rejected using a 'ratchet' mechanism (where the percentage drops for higher recoveries) because it's too early to predict outcomes, preferring instead the ability to adjust the rate later under the legislation. The Court also made confidentiality orders to protect sensitive commercial and legal information.
Before: Matthews J
Before: Lonergan J
Before: Slattery J
Before: Schmidt AJ
Before: Mr J, Ms J, Moshinsky J
Before: Derrington J
Before: Jackman J
A company in liquidation (Special Gold) sued several parties. It lost its case against three companies (the Ayoub Companies) but won against others. Before the trial, the Ayoub Companies offered to 'walk away' with each side bearing its own costs. This offer pointed out serious weaknesses in Special Gold's legal claims. Special Gold ignored the offer and lost at trial. The Court ruled that Special Gold must pay the Ayoub Companies' legal costs on an indemnity basis (a higher rate) from the date of the offer, because rejecting the offer was unreasonable—the offer correctly identified fatal flaws in the case, and the Ayoub Companies ended up with a better result than what they had offered. The Court also ordered that the costs be assessed as a lump sum rather than through a detailed line-by-line assessment, to save time and expense.
Before: Jenkyn J, Butt P, Stewart J
Before: Mr P, Collier J
Before: Goodman J, Burley J