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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: Mitchell JA
The Court of Appeal upheld QCAT’s decision that the corporate trustee could qualify as a charitable institution. The Act did not impose a universal rule that an institution must have a particular number of members or a particular structure. The Trustee’s governing documents tied its activities to charitable education purposes, and its work had progressed beyond simply holding funds or financing other providers. The Court also held that later activities could help explain the character of earlier work. It left open whether the trust could be registered separately and did not decide the constitution issue that had not been raised as a ground of appeal.
Before: Bowskill CJ, Boddice JA
The appeal succeeded because the police interview should not have been admitted. The appellant had shown that he did not understand the caution, and the officer's explanation did not tell him that what he said could later be used as evidence. The Court also identified a problem with the earlier request that he attend the police station. Since the interview was the only evidence relied on to support the charges, the Court set aside the convictions and entered acquittals. The Court also criticised aspects of how the complainant's recanted allegations and the statutory direction about differences in accounts were put before the jury, but those observations were not the basis for allowing the appeal.
Before: Kennedy JA, Walker JA, Orr JA
Before: Dicker SC DCJ
Before: Colefax SC DCJ
Before: McGrath J
Before: Muller AJ
Before: Johns J
Before: Moore JJ
Before: Mr J, Anderson J
Before: Rofe J
Before: Goodman J
The Court ordered that the question of whether the defamatory publications caused serious harm to the plaintiffs' reputations be decided before the full trial takes place. The Court rejected the plaintiffs' argument that special circumstances existed to delay this decision, noting that the potential cost savings and early stage of the proceedings favoured an early determination. The Court also dismissed the defendant's application to strike out parts of the claim but required the plaintiffs to provide more detailed information about how they say the publications caused them to lose business contracts.
Before: Mr J, Priest JA, Kidd JA
Before: Emerton P, Beach JA