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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 at [1], McHugh JA at [3]Ball JA at [4]
The Court of Appeal explained that a self-represented person can recover some actual litigation disbursements, but cannot claim the value of their own time or expenses that a lawyer could not recover on a party/party basis. Printing is ordinarily recoverable; travel and accommodation may be recoverable if they are witness expenses, but not simply because the person travelled to court to represent themselves. The evidence did not show what Peapell’s expenses related to or whether they arose in the Local Court or District Court. Because a successful DPP challenge would have meant another hearing, and the Crown had accepted the expenses were in principle recoverable, the Court dismissed the summons without finally resolving every jurisdictional question.
Before: Gobbo AsJ
Before: Rothman J
Before: Abadee DCJ
Before: Martin SJA
Before: Christensen AJ