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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: Gray C
Before: Porter C
Before: Porter C
Before: Kullen AC
Before: Dickson C
Before: Dickson C
Before: Member Decision
Before: A Bell SC, Senior MemberM Deane, Senior Member
Before: Seiden SC DCJ, Deputy PresidentEA MacIntyre, Senior Member
Before: Incerti J
Before: Crowley J, Brown JA, Bond JA
The Court of Appeal upheld Smith's and Sagar's convictions. The drug was never found and the communications did not name cocaine, so the prosecution case depended on circumstantial evidence. The Court considered the evidence together, including the covert plan, the shipments from Peru, the block form of the concealed product, the photograph, and the witnesses' evidence. It held that the jury could reasonably reject the alternatives raised on appeal and find that the intended product was cocaine. The Court also rejected Sagar's argument that the prosecution had to prove every named participant shared the same intention. Both appeals were dismissed.
Before: Incerti J
Before: Member P