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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: Sullivan J, Freeburn J, Boddice JA, Act J, Bond JA
The Court of Appeal majority agreed that the murder was particularly heinous and that 14 years’ detention was an appropriate term. It nevertheless concluded that the applicant should not have been required to serve 70 per cent of that term before release. The particular benefit of the guilty plea, together with remorse and rehabilitation prospects, amounted to special circumstances supporting a 60 per cent threshold. Bond JA disagreed, finding no basis to infer sentencing error.
Before: Mullins P, Boddice JA, Crowley J
The Court of Appeal did not decide whether the QCS vaccination directions were valid or give a final interpretation of the disciplinary provision. It decided only that the primary judge’s reading of s 187(1)(d), under which validity of a direction could matter to a disciplinary finding, was clearly arguable. That was enough to uphold the refusal to strike out the relevant judicial review grounds at this stage. Leave to appeal was refused, with costs ordered against the Chief Executive.
Before: Smith J
Before: Smith J
Before: Peter J
Before: Matthews J
Before: Delany J
Before: Gething J
Before: Hill J