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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
Before: Hmelnitsky J
Before: Member Michael
Before: Senior Member P
Before: Ms J, Jackman J
The Federal Court refused to order that Oxford Nanopore pay MGI's costs thrown away when a preliminary discovery hearing was vacated. The Court found the application premature because: (1) the parties had agreed to the vacation in changed circumstances, acting consistently with the Court's overarching purpose; (2) it was unclear what costs had actually been wasted; and (3) MGI's conduct in refusing to provide samples and potentially treating the preliminary discovery as a mini-trial might affect who should ultimately pay costs. The question was reserved for later determination, either in the preliminary discovery proceeding or any subsequent substantive patent infringement case.
Before: Mr P
Before: Ms J, Mr P
Before: Seaward J
Before: Gorton J
Before: GRAY J
Before: Gordon J, Gleeson J