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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.
1,627 case citations
Before: Mr J
Before: Jackman J
Before: McCallum CJ, Loukas-Karlsson and Taylor JJ
The Court of Appeal upheld Hyde’s and Sibley’s convictions. It accepted that the jury could use Sims’s recent guilty pleas and the statement of facts associated with them to assess his credibility, despite the statement being unsigned, because he had pleaded guilty on the joint indictment while represented and no factual dispute had been identified. The photographs of Ogilvy’s damaged car were also relevant to the prosecution case and were accompanied by directions limiting their use. Looking at the evidence as a whole, the Court considered that the jury could infer an agreement to confine Ogilvy and obtain property from him. It also found that the prosecutor’s challenged closing submissions were not shown to be unsupported or to have caused a miscarriage of justice. Both appeals were dismissed.
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Before: Black J
Before: Attiwill J