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: Campbell J
Before: Faulkner J
Before: Sirtes J
Before: Roberts J
Before: Bennett J
Before: Weinstein J
Before: Cavanagh J
Before: Mullins P, Bond JA, Doyle JA
The appeal concerned two complaints about the jury directions in a sexual-assault trial. The Court of Appeal held that the judge’s repeated instructions sufficiently confined preliminary-complaint evidence, including evidence that the complainant was distressed, to its possible effect on her credibility and reliability. A separate direction that distress could not corroborate the assault was not required in the circumstances. The prosecutor’s argument that the appellant’s disposal of a note showed he had done something wrong was inappropriate. However, the trial remained focused on whether the jury accepted the complainant’s account beyond reasonable doubt, so the irregularity was not material. The appeal was dismissed.
Before: Brown JA, Bradley JA, Crowley J
Manning sought permission to appeal his November 2020 sentences more than four years after the filing deadline. The Court accepted that a self-represented prisoner can face practical difficulties, but found that Manning's explanation did not account adequately for the delay. It also found that his proposed grounds did not show an arguable sentencing error. In particular, the offences were separate from those dealt with in 2018, the sentencing judge had considered totality and custody, and the sentence was not shown to be manifestly excessive or crushing. The Court therefore refused to extend time.
Before: Gobbo AsJ
Before: Baker JR
Before: Member Hon J, Bampton J
Before: Dolphin J
Before: Bromberg JJ
Before: Musikanth J
Before: Neskovcin J
Before: Goodman J
Before: Reeves J, Agency J