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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: McCallum CJ
Before: Baker J
Before: Mitchelmore JA at [1], Ball JA at [36], Free JA at [37]
The Court of Appeal did not grant the Developer permission to appeal the freezing orders. The Developer had repeatedly sold units and passed the proceeds out of the development company. The primary judge could infer that it would do the same with the remaining units, potentially leaving too little in the company to meet a judgment for alleged defects. The Court held that describing this as normal or commercially rational for a special purpose company did not prevent it from supporting a freezing order. The fact that the remaining units had not yet been sold did not make the order premature, given the previous pattern. The decision is grounded in these particular circumstances and does not say that every ordinary business transaction can justify a freezing order.
Before: Member Decision
Before: Dickson C
Before: Pepper J
Before: Hamill J
Before: Burns J
Before: Freeburn J
Before: Daly AsJ
Before: McDonald J
Before: General Member P
Before: Mr P
Before: Adam P
Before: Dr P, Mr P