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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.
1,627 case citations
Before: Ward P at [1]Adamson JA at [2]Free JA at [86]
The Court of Appeal did not decide which traffic-light sequence actually occurred. It decided that the trial judge was entitled to find that the appellant had not proved his account. His first recorded statement came six months after the crash, while the respondent and her brother gave statements five days afterwards. The trial judge could weigh that timing, assess the witnesses, and accept the respondent’s central account despite inconsistencies about other details. The appellant’s argument that his version was more probable did not establish an error in the trial judge’s reasoning. The appeal was dismissed, with costs payable by the appellant.
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