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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
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Before: Mossop J
Before: Bell CJ at [1], Leeming JA at [59], McHugh JA at [64].
The Court of Appeal overturned the finding that the Company acted unreasonably by repaying two $250,000 loans to people associated with its controllers. The loans were repayable on demand, the Company was solvent, had no trade creditors or binding commitments for its next season, and the repayments discharged liabilities rather than transferring company value for nothing. Possible future trading needs did not change the result on the facts known at the time. The judgment does not establish that repayment of every director-related loan is reasonable: it stresses that the outcome depends on the company's circumstances when payment is made.
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Before: J Redfern PSM, Senior MemberG Burton SC, Senior Member
Before: R Booby, Principal MemberL Organ, Senior MemberF Given, General, Member
Before: King SC DCJ