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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: Washington C
Before: Pritchard J
Before: Schmidt AJ
Before: Mullins P, Doyle JA, Cooper J
The Court of Appeal refused all parts of Stephensen’s sentence application. It held that the later deterioration in his mother’s health and the failure of his eldest son to take on childcare did not show that the sentence was wrong when imposed, because the care arrangements had already been considered at sentencing. The Court also concluded that the five-and-a-half-year sentence was not shown to be manifestly excessive. It took account of the sentencing judge’s consideration of Stephensen’s children and vulnerabilities, but also the deliberate driving, serious injury, departure from the scene, and lack of a guilty plea or remorse.
Before: Gillard J
Before: Moore J
Before: M Osborne J
Before: Cole DCJ
Before: McCallum CJ
O’Connell’s murder conviction and sentence had been set aside, and a not-guilty verdict on murder entered. But the Court of Appeal had not yet decided whether the case should end, whether a manslaughter verdict should replace the murder verdict, or whether there should be a manslaughter retrial. McCallum CJ accepted that this unusual position and the delay amounted to special and exceptional circumstances. The Court nevertheless considered the seriousness of the alleged offence, the strength of the evidence and the risks raised by O’Connell’s history. It refused bail while the appeal questions remained unresolved.
Before: Harrison CJ at CL
Before: Mr J, Collier J
Before: Mr J, David Jones AM, Feutrill J
Before: Member Rinaudo AM
Before: Mr J, Ms J