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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.
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The Court of Appeal dismissed Umunakwe's challenge to his conviction on count 2. It accepted that CCTV footage showed the complainant did not remember some interactions with him earlier in the night. But the footage did not show what happened in the One22 toilet cubicle and did not directly contradict her account of the count 2 conduct. The Court considered her evidence about repeatedly saying 'stop' and crying, her immediate complaint and distressed presentation, her concessions, and the jury's opportunity to assess her evidence. It concluded that the jury could reasonably accept her account and find the appellant guilty. This is general legal information, not legal advice. Zoe can make mistakes. Before acting on, relying on, or using this analysis, have it checked by a qualified Australian lawyer.