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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.
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An 81-year-old woman with schizophrenia challenged her involuntary treatment order, arguing she didn't have schizophrenia and that her medication caused harmful side effects. The Tribunal accepted her doctor's evidence that she had a 25-year history of the illness, that she lacked insight into her condition, and that she had repeatedly relapsed when not taking medication. The Tribunal found that without the order, she would likely become unwell again. While the Tribunal acknowledged her concerns about side effects, there was no medical evidence to support them. The treatment order was continued because the patient couldn't make informed decisions about her treatment due to her illness.
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