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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: Member Decision
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Before: Hopkins DCJ
Before: Colefax SC DCJ
Before: Elkaim AJ
De Maine applied about eight months late for permission to appeal a judgment against him. He said he had thought an appeal required him to pay $1 million, after misunderstanding an email about possible security for costs. The judge accepted that as just enough to explain the delay. But the proposed appeal mainly repeated his claim that Kizmann had lied and that the trial result would have been different if De Maine had given oral evidence. The judge found no identified appeal error, no relevant fresh evidence, and no demonstrated miscarriage of justice. Leave was refused, and De Maine was ordered to pay the costs of the application.
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