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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: Austin J
Before: Mitchelmore JA, Price AJA
The Court of Appeal refused permission to challenge the District Court's procedural decisions. The proposed changes to the case raised problems of form and substance and would, on the primary judge's assessment, add delay and expense. The Court found no arguable error or sufficiently clear injustice in that assessment. It also found no basis to appeal the refusal of a jury trial. The application was dismissed with costs.
Before: Bell CJ, Kirk JA, Griffiths AJA
The Court of Appeal independently decided whether George Sideris could remain on the Roll, despite NCAT’s recommendation. It accepted the Tribunal’s unappealed findings that he repeatedly contacted a represented organisation directly and sent persistently offensive and discourteous communications. The Court also considered his conduct after the Tribunal decisions, his lack of insight, and statements he made about where he lived when service was being attempted. It found him unfit to remain a lawyer and likely to remain unfit indefinitely, and ordered that his name be removed from the Roll and that he pay the Council’s costs.
Before: Bennett J
Before: Wigney J, Perry J
Before: McCallum CJ, Mossop and Loukas-Karlsson JJ
The Court of Appeal upheld the decision to impose the prison sentence that had been suspended under Allred's Treatment Order. The sentencing judge had considered his lack of new offending and periods of engagement, but was also entitled to weigh his repeated non-compliance and lack of sustained commitment to treatment. The appeal could not be used to challenge the original sentence's structure as though that sentence had been appealed. The Court dismissed the appeal and left broader questions about the operation of s 80ZE unresolved.