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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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Millen appealed the sentence for burning another person's vehicle, arguing that it was too severe. The Court of Appeal noted the limited property loss but also considered his extensive criminal history. It rejected his complaint about the two-year prison term. It also found that the six months he had to serve before parole release was not plainly unreasonable or unjust in the circumstances. His complaint about medication in prison concerned events after sentencing, so it did not establish that the sentence was excessive. Leave to appeal was refused.
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