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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: Bell CJ at [1], Leeming JA at [211], Free JA at [215].
I-MED dismissed Dr Daynes without notice after workplace allegations. The trial judge found the alleged sexual harassment and bullying were not established and that the contract did not justify summary dismissal. The Court of Appeal upheld that result and also upheld the damages assessment, which covered the remaining fixed term and three months' notice rather than the longer period Dr Daynes claimed. On costs, however, the trial judge had not dealt with Dr Daynes' substantial argument that I-MED's settlement offer did not address the public and professional reputational consequences of the dismissal. The Court of Appeal found it reasonable to reject the offer and restored the ordinary costs outcome, requiring I-MED to pay Dr Daynes' costs.
Before: Harrison CJ at CL
Before: Dolphin J
Before: Senior Member P
Before: Commissioner P
Before: Anderson J
Before: Elliott J