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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: Hatcher VP
Before: Mossop J
Before: Bell CJ at [1], Leeming JA at [2], Kirk JA at [97], McHugh JA at, [98], Free JA at [99]
The Court of Appeal corrected the standard used for appeals from Commission members. A Presidential member cannot dismiss a factual challenge simply because the original finding was one the member could reasonably make. The Presidential member must review the evidence, account for any relevant advantage the original member had, and reach an independent view. The Court nevertheless rejected the State’s separate argument that the causation reasoning relied only on increased risk: read fairly as a whole, the member had accepted evidence of a material causal contribution from PTSD to the conditions leading to death. The State’s appeal was therefore allowed on the appeal-standard issue and remitted, but dismissed on causation.
Before: J Redfern PSM, Senior MemberD Goldstein, Senior Member
Before: Miller AC
Before: Dickson C
Before: Robson J
Before: Beasley J
Before: Ball JA
Before: Rothman J
Before: Hamill J (as Duty Judge)
Before: Schmidt AJ
Before: Brereton J
Before: N Adams J
Before: Pike J
Before: Meek J
Before: Hamill J
Before: Freeburn J, Bradley JA
The Court of Appeal refused to pause enforcement of an order requiring the appellants to complete the sale of their property. Although an arguable appeal was effectively conceded on one ground, the Court considered that the respondents faced the greater risk if completion were delayed. The appellants’ claim that they could not obtain a loan to buy the property back if they won the appeal was uncertain. The appellants were also ordered to pay the costs of the stay application.
Before: Dr P
Before: Member J
Before: K Judd J