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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: Commissioner P
Before: Elkaim AJ
Before: Ward P at [1], Leeming JA at [152], Payne JA at [158]
The Court of Appeal upheld the rejection of John’s claim that the Mir Group operated as an overarching partnership. The declared agreement about unanimous decision-making and equal profit-sharing did not establish a partnership, particularly given the business’s deliberate use of companies and trusts, the professional advice behind those arrangements and their tax-related purpose. John could not use the later declaration to introduce a new partnership case on appeal. Leo was granted leave to challenge the refusal to remove John and Marie as trustees, but the appeal failed. The Court held that the primary judge’s decision was within the range of permissible discretionary choices, despite serious findings about John’s conduct.
Before: Leeming JA, Ball JA, Griffiths AJA
Robert Wilcox argued that properties near Walgett, or shares in companies holding them, were held on trust for him and his brother. The Court of Appeal rejected the argument. The 1962 deed concerned a small sum and did not identify the properties or shares; company records did not support the claimed trusts; and Robert had already chosen not to raise a trust claim in earlier litigation despite saying he knew of one. A broad settlement release also covered the later claims. The Court refused to admit further evidence because it was not shown to meet the requirements for evidence on appeal, and it found no error in the trial judge’s procedural decisions. Both the motion and appeal were dismissed, with costs.
Before: P Durack SC, Senior MemberN Kennedy, Senior Member
Before: Neilson DCJ
Before: Dickson C
Before: Dickson C
Before: Dickson C
Before: Dickson C
Before: Dickson C
Before: Peden J
Before: Meek J
Before: Mr P
Before: Christie JJ
Before: Suburb P, Gill J
Before: Bourke SC DCJ
Before: Fitzsimmons SC DCJ
Before: Smith J
Before: Elkaim AJ
Before: Christensen AJ