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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: Brereton J
Before: Kari JJ
Before: Connock J
Before: Fary AsJ
Before: Stern JA at [1], McHugh JA at [144], Griffiths AJA at [145].
The Court of Appeal upheld a Commissioner’s decision to grant consent after the developer and Council reached agreement in a mandatory conciliation conference. The Commissioner had to be satisfied that the Court had power to make the agreed decision, but did not have to conduct a full merits hearing or weigh every document on the Court file. The Court accepted that the Commissioner could rely on the parties’ planning material, including the Addendum SEE, and that the reasons showed the required satisfaction about the KLEP foreshore building line exception. It also held that the Council could approve the amended application during the appeal, and that an objector who was not a party had no entitlement to participate in the conciliation or be informed of the Council’s changed position. The judicial review application was dismissed with costs.
Before: Payne JA and Griffiths AJA at [1]
The Court refused permission for Hua Nan Trading to appeal. Its February 2022 NCAT application had not been accepted and the file had been closed, so the later April application was treated as a separate proceeding. The Court also considered that whether the April application was late was a factual, or possibly mixed factual and legal, question, while the statutory appeal route was limited to questions of law. The summons was dismissed with costs, and the director and insurer were removed as parties.