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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: Leeming JA, Mitchelmore JA, Free JA
MWP asked the Court to review two orders requiring it to provide security for costs and to postpone those reviews until after an English court hearing. The Court refused to postpone the reviews because the English proceedings were not shown to affect the security question, while delay and expense would be disproportionate. It also rejected the reviews: MWP had not established current, readily enforceable assets in Australia, and the Court considered the orders justified even if there had been an error. A transcript further showed that Mr Wilson had chosen not to make a recusal application at the hearing before McHugh JA. The Court dismissed the review motions with costs and set processes for considering a special costs application and possible referral of the conduct issues to the Legal Services Commissioner.
Before: M Deane, Senior MemberN Kennedy, Senior Member
Before: G Sarginson, Deputy PresidentS Hennings, Senior Member
Before: Harrison CJ at CL at [1]Garling J at [96]Yehia J at [98]
Before: Leeming JA at [1], Wright J at [174], Rigg J at [175]
Before: Bell CJ at [1], Harrison CJ at CL at [89], Hamill J at [94].
Before: Cole DCJ
Before: Garling J
Before: Hmelnitsky J
Before: Leeming JA
Before: Kunc J
Before: Hamill J (as Duty Judge)
Before: Hamill J (as Duty Judge)
Before: Hamill J (as Duty Judge)
Before: Watts J, Boyle J
Before: Musikanth J
Before: Emerton P
Before: Mr P
Before: Russell SC DCJ
Before: Russell SC DCJ
Before: Reeves J