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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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Before: McHugh JA at [1], Ball JA at [2], Free JA at [3].
The Court of Appeal had legal power to replace ordinary costs assessment with fixed gross sums, but it was not persuaded that doing so was fair or justified here. The case and likely assessment were relatively straightforward, while Universal had raised apparently arguable objections to a material part of the bills. The Court could not confidently determine what costs would be allowed, and finality alone was not enough to bypass assessment. The motion was dismissed, and Manariti was ordered to pay Universal's costs of the motion.
Before: D Robertson, Principal MemberJ Ledda, Senior Member