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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: Mr P, McElwaine J
Before: P H Molony, Senior MemberN Kennedy, Senior Member
Before: Ball JA at [1], Fagan J at [2], Sweeney J at [5]
The Court of Criminal Appeal concluded that the original sentence added together the sentences for four offences too heavily. The offences were serious and involved four intended victims, so the Court said some accumulation was justified. But the attacks formed one connected episode, and the original aggregate was close to what would have resulted from adding all four indicative sentences. That also weakened the effect of the 50% discount for the applicant's guilty pleas and assistance. The Court therefore replaced the original 23-year aggregate sentence with 15 years imprisonment and a 10-year-and-6-month non-parole period.
Before: Bell CJ at [1], Huggett J at [56], Rigg J at [57].
Before: Ward P at [1], Hamill J and Dhanji J at [153]
Before: Gibson DCJ
Before: Washington C
Before: Pritchard J
Before: Hammerschlag CJ in Eq
Before: Deputy President P
Before: North J
A woman sued the Queensland Government for damages, claiming it failed to protect her from sexual abuse as a child in the 1980s. She said police should have taken her into care when her father was killed in 1980, and child welfare officers failed her when she was placed in state care in 1987. The Government applied to strike out her claim. The court agreed to strike out her claim based on breach of specific child protection laws, as those laws don't allow private lawsuits for damages. However, the court allowed her to rewrite her claim to focus purely on general negligence (carelessness) at common law, because whether the Government owed her a duty of care in these circumstances is a complex legal question that needs a full trial to decide. The court also struck out a later version of her claim because it was confusing and poorly drafted. The woman must pay the Government's legal costs for the various applications.
Before: Tsalamandris J
Before: General Member J
Before: Howard J
Before: Kerry J
Before: Ms J
Before: Shariff JJ, Dowling J, Gleeson J