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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.
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The Court had already dismissed the appeal as incompetent. It later decided that the appellant must pay the respondents’ costs of the proceedings on an indemnity basis. That result was supported both by the Court’s view that the appeal had no reasonable prospects under the law as it stood and by the respondents’ rejected offers of compromise. The Court did not fix the second respondent’s costs as a gross sum and did not require the appellant’s solicitor to show cause for a personal costs order. Each side bears its own costs of the applications about varying the costs order.