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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, Kelly and Slattery AJJ
The Court of Appeal upheld the four convictions. It found that the reported argument and temporary separation of a juror did not establish that the jury process had broken down, particularly after the judge reminded jurors of their duties. It accepted that the trial judge could have used more exact statutory wording when explaining recklessness, and that a fuller warning about the accused not giving evidence would have been preferable, but found no basis to set aside the verdicts. It also upheld the ruling allowing proposed evidence to rebut good-character evidence and found no need for a Zoneff direction on the lies in the accused’s first interview. After reviewing the evidence and recognising the jury’s advantage in hearing witnesses, the Court concluded the guilty verdicts were open. The DPP’s sentence appeal was dismissed, with reasons reserved.
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Before: General Member J
Before: General Member J
Before: McWilliam J