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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: Baker J
Before: Downes J
Before: Rofe J
Before: Mr J, Priest JA, Boyce JA
Before: McCallum CJ, Baker and Bromwich JJ
The Court of Appeal upheld the convictions. It held that the conspiracy offence focused on an agreement to dishonestly obtain a gain from the Commonwealth, not on whether the gain was ultimately realised or whether the conspirators had agreed every step of the plan. The jury could infer the agreement and the alleged secret payment from the evidence taken as a whole. The Crown also described the alleged conspiracy sufficiently clearly in its opening.
Before: Christensen AJ