Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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
Before: Dixon SC
Before: Espinosa C
Before: Douglas AC
Before: Targett C
Before: Targett C
The Council had refused Kennards’ proposal to add to its self-storage facility. During the Court proceedings, the parties amended the proposal and reached agreement on a consent outcome. The Commissioner checked whether that agreed outcome was one the Court could lawfully make, considering the planning matters set out in the judgment. Satisfied that it could, the Commissioner upheld the appeal and granted consent subject to conditions. The applicant also had to pay the Council $18,000 in agreed costs arising from the amended application. The judgment expressly says the Commissioner did not decide the merits of the issues that had originally divided the parties.
Before: Kullen AC
Before: Campbell J
Before: Campbell J
Before: Campbell J
Before: Campbell J