Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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: Hammerschlag CJ in Eq at [1]McHugh JA at [47]Griffiths AJA at, [54]
The payment claim was served when it became retrievable at the email address Roberts had nominated, not when a person at Roberts actually read or noticed it. That happened on 28 February 2025. The Act gave Roberts no more than 10 business days after that date to provide a payment schedule. Although the contract contained a clause that could shift the deemed receipt time for after-hours notices, it could not extend the statutory maximum period. The schedule delivered on 17 March was therefore late. The Court dismissed the appeal, without deciding whether the clause was void under the Act’s no-contracting-out provision.
Before: Ward P at [1], Adamson JA at [262], Ball JA at [263]
The Court of Appeal upheld the finding that Eva Easton had capacity to make her 2020 Will, despite vascular dementia, because the legal test was whether her impairment prevented her from understanding the will-making task and weighing relevant claims, not whether she was free of impairment or made a decision others considered fair. The Court also separately considered whether she knew and approved the 2020 Will. Her age and frailty invited suspicion, but the solicitor's evidence about the instructions, the terms explained to her and her expressed choice of beneficiary was sufficient. The Court found no basis to overturn the costs order against Peacock, having regard to the whole course of the litigation.
Before: Christensen AJ
Before: Commissioner P
Before: COSGRAVE J
Before: Incerti J
Before: Delany J
Before: General Member J