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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.
1,627 case citations
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Before: McCallum CJ, Taylor J and Elkaim AJ
The Court of Appeal upheld probate of Lorenzo Pastrello's 2020 will. Although he had previously been diagnosed with dementia and had serious health problems, the Court considered the evidence about his condition when he gave instructions and signed the will. It relied on a recording of the instructions, the solicitors' observations, lay evidence and medical evidence. It also concluded that not remembering every property or its value did not, in these circumstances, establish incapacity. The appeal, including the alternative challenge to the professional-executor clause, was dismissed.
Before: Grant CJ, Huntingford JJ, Agency J