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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: Bowskill CJ, Bradley JA, Wilson J
The Court of Appeal set aside the conviction for the alternative offence because the trial judge had already taken a not-guilty verdict on the rape charge and discharged the appellant from it before the jury considered the alternative. The Court reasoned that the statutory power to convict on an alternative offence depended on a rape indictment still being before the jury. The mistake did not affect the other convictions. The domestic violence directions were supported by the evidence and statute, and the assault count was properly joined with the other charges. The Court left the sentence question open pending further submissions.
Before: Smith J
Before: Gray J
Before: Croft J
Before: Richards JA
Before: Goulden AsJ
Before: Tsalamandris J
Before: GARDE J
Before: Burgess JR
Before: Harris J
Before: Christie J
Before: Mr J
Before: Dr J, Ms AM
Before: Lundberg J
Before: Lundberg J
Before: Quinlan CJ
Before: Cole DCJ
Before: Russell SC DCJ
Before: McCallum CJ, Baker and McWilliam JJ
The appeal succeeded only in part. The Court removed a conceded calculation error and the amount allowed for keeping a pet, but otherwise upheld the damages assessment by majority. It found that the evidence did not establish a real prospect of future improvement in Daniel’s employment capacity, and that the primary judge had already made an allowance for possible reduction in care needs. The majority also upheld the $400,000 buddy allowance, although McWilliam J would have removed it as overlapping with other compensation. The $1,000,000 funds-management award and the personal-training allowance remained. The final orders reduced the judgment sum by $208,130, to $5,877,193, with interest and costs matters to be finalised.