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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: Paingakulam J, Kite AJ
Before: Burley J
Before: Mazza JA
The Tribunal decided that the small replacement-deck proposal, including minor excavation and a retaining wall serving the deck, qualified as a VicSmart application. The Council could still issue a formal further-information request under s 54(1), but it could not use that power to require every item of information ordinarily specified by the EMO. The VicSmart information rules limited the request. The Tribunal therefore kept or adjusted several plan and stabilisation items but removed the geotechnical and landslip risk assessments. It did not decide which decision guidelines the Council should apply when later deciding the permit application.
Before: Meek J
Before: Dickson C