Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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: McCallum CJ, McWilliam and Taylor JJ
The Court of Appeal allowed Mr Mastalerz’s sentence appeal because a relevant psychological report had not been put before the sentencing judge through misadventure. The Court did not require proof that the report would definitely have led to a different sentence. It was enough that the report had a realistic capacity to affect important sentencing assessments and could have resulted in a lesser or differently structured sentence. The original sentence was quashed, and the case was sent back to the sentencing judge for sentence.
Before: Stern JA, Ball JA, Griffiths AJA
The Dicksons asked the Court of Appeal to change costs orders made after the substantive appeal. The Court accepted that one sentence in its earlier reasons incorrectly identified who had sought indemnity costs below. But that mistake did not influence the decision about who should bear the trial costs. The Court also found that its other costs decisions were based on the parties’ arguments, changing positions and results, and that the Dicksons had not shown a relevant misunderstanding or procedural unfairness. It dismissed the motion and ordered the Dicksons to pay the costs of the motion.
Before: Stern JA
Jaworski’s original application asked CAANZ to pay the future legal costs of a proposed claim he said he would bring in CAANZ’s name against its officers. The application was dismissed, and he was later ordered to pay CAANZ’s costs. He appealed both orders without leave. The Court of Appeal held that the dismissal order was interlocutory because it did not legally prevent a further application, even though it ended the proceedings then before the Court. It also held that the costs order required leave to appeal. As leave had not been obtained, the appeal was dismissed as incompetent. The Court did not decide whether the proposed derivative claim had merit.
Before: Bell CJ, Mitchelmore JA, Kirk JA
The Court held that the Assembly’s power to expel a member was not removed by the statutory rule delaying automatic disqualification while an appeal is pending. The plaintiff did not establish that the proposed motion was punitive, and the Court considered that he had a fair opportunity to respond in writing. His arguments about representative democracy and interference with judicial functions also failed. Separately, the Court criticised the way the urgent injunction had been obtained: the defendants were not told when or before whom the application would be heard and were not given the supporting documents in advance. The injunction was discharged and the proceedings dismissed.
Before: S Westgarth, Deputy PresidentH J Dixon SC, Senior Member
Before: Armstrong J, PresidentA Britton, Deputy President
Before: Dicker SC DCJ
Before: Neilson DCJ
Before: Scotting DCJ
Before: Walsh C
Before: Washington C
Before: Thorpe AC
Before: Horton C
Before: Espinosa C
Before: Beasley J