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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: General Member J
A cane farmer applied for the HomeBuilder Grant after signing a contract to build a new house in December 2020. He had already demolished the old house in 2019 under a separate contract. The government refused the grant, arguing that both the demolition and building contracts needed to be signed during the eligibility period (June-December 2020). The Tribunal disagreed, ruling that only the building contract needed to be in the eligibility period. The Tribunal also accepted the farmer's evidence that his property was worth less than $1.5 million, making him eligible for the grant. The decision to refuse the grant was overturned.
Before: Mullins J, Bowskill CJ, Brown JA, Bradley JA
Before: Mullins P, Bradley JA
The Court of Appeal refused OAE's application for leave to appeal his sentence. It held that pointing to different sentences in other torture cases did not prove that his sentence was excessive. The sentencing judge had considered his mental health, drug use, guilty plea, remorse and the complainant's supportive views, alongside the seriousness of the violence, his history and risks to the community. The Court was not satisfied that the sentencing judge had made an error or that the sentence was unreasonable or plainly unjust.
Before: Member Decision
Before: Boyle J
Before: Stynes J
Before: Whelan JA
Before: Copley J
Before: Dhanji J
Before: Pike J
Before: Peden J
Before: Walton J
Before: Harrison CJ at CL
Before: Macken AC