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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: Kelly AJ
Maher faced 208 theft counts arising from activity on Genter's bank accounts. The judge found the evidence proved that Maher made unauthorised withdrawals in Canberra between late January and March 2018, while Genter was in hospital, and used the money for his own purposes. The bank records and the complainant's evidence supported those findings. The judge was not satisfied beyond reasonable doubt about the later transactions, in part because the complainant's recollection and understanding of the financial arrangements were unreliable on relevant points. Maher was convicted on 28 counts and acquitted on the remaining counts that proceeded to verdict.
Before: Kelly AJ