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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: Stellios J
Before: Charlesworth J
Before: Commissioner P
Before: McCallum CJ, Kelly and Muller AJJ
The Court considered only whether Dr Quach could represent Bennelong Medical Pty Ltd in the appeal without being a solicitor. The applicable rule allowed representation by an authorised officer or employee only with the Court's leave. The Court rejected the arguments based on previous leave, model litigant obligations and counsel's duties. It noted that there was no evidence the company could not afford a solicitor and concluded that Dr Quach could not assist on any issue in the appeal. Leave was refused. The decision did not determine the underlying tax dispute.
Before: McCallum CJ, Kelly and Muller AJJ
Although the appeal potentially arose from a matter involving Commonwealth tax legislation, the ACT Court of Appeal decided it should hear the appeal itself. The appeal focused on the application of ACT procedural rules, the litigation had a lengthy and complex history in the ACT courts, and the Court was ready to hear it. The Court treated the special-reasons test as broad and dependent on the circumstances, and also waived the two-day notice requirement for the Commissioner's application.
Before: Kelly AJ
Before: Muller AJ
Before: H J Dixon SC, Senior MemberJ Ledda, Senior Member
Before: S Higgins, Senior MemberR Perrignon, Senior Member