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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.
1,627 case citations
Before: Jones JJ
The High Court held that India did not lose its immunity from Australian court jurisdiction merely by joining the New York Convention. The Convention requires enforcement under the procedural rules of the place where enforcement is sought, and those rules include foreign State immunity. The Court required clear and unmistakeable evidence of waiver and found no such indication in the Convention's text or context. It did not decide whether this investor-State award fell within the Convention or how India's commercial reservation affected the case.
Before: Blake AM
Before: N Adams CJ at CL at [1], Fagan J at [157], Boulten J at [160].
Before: Stern JA at [1], Huggett J at [43], Boulten J at [44]
Before: Russell SC DCJ
Before: Slattery J
Before: Black J
Before: McGrath J
Before: Boulten J
Before: Emmett J
Before: Ms J
Before: Barrett AsJ
Before: Aldridge J
Before: Taylor J