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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: Muller AJ
The ACT Court of Appeal considered whether the Shearmans could appeal three interim decisions in their building dispute with Classic Constructions, despite filing their leave application after the time limit. The Court accepted that the delay was affected by the first appellant’s self-represented circumstances and other pressures. It nevertheless found that the proposed appeal did not show a clear error, a sufficient reason to revisit the interim decisions, or a miscarriage of justice. The later expert and regulatory material could be relevant to future steps in the substantive case, but did not establish that the challenged decisions had caused substantial injustice. The Court also rejected the claims of prejudgment and procedural unfairness in the costs decisions. It refused both the extension and leave to appeal, and ordered the appellants to pay Classic Constructions’ costs of the application.
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