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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: Member Decision
Before: Mossop J
Before: Payne JA, Ball JA
The Court of Appeal refused Ms Blessed permission to appeal. Her proposed grounds treated the earlier decision as having dismissed her claim. The Court explained that the claim itself had not been dismissed: the pleading had been struck out because it did not set out supporting material facts, and the orders contemplated that she could plead the claim again with assistance. That was enough to refuse leave. The Court did not decide the respondent's alternative request for a permanent stay.
Before: Bell CJ, Payne JA, Stern JA
The Court of Appeal decided that Keybridge's four-day offer was reasonable in the unusually fast-moving appeal. Keybridge had given up a real costs claim in exchange for dismissal of the appeal without an inter partes costs order. Because the offer was not accepted, the Court applied UCPR r 42.15A: Mr Bolton had to pay ordinary costs up to the offer date and indemnity costs from the next day. He had filed no material opposing that order.
Before: Gibson DCJ
Before: Espinosa C
Before: Thorpe AC
Before: Gray C
Before: Miller AC
Before: Froh R
Before: Harrison CJ at CL
Before: Harrison CJ at CL
Before: Payne JA
Before: Faulkner J
Before: Slattery J
Before: Schmidt AJ
Before: Kelly J