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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: Commissioner P
Before: McCallum CJ, Loukas-Karlsson and Taylor JJ
The appeal turned on the difference between proving that O’Connell drove with Jordan on the bonnet and proving that he did so while actually realising her death was a probable result. The majority accepted the jury’s assessment of the key witness about Jordan’s position, but concluded that the evidence did not eliminate a reasonable possibility that O’Connell lacked that specific foresight. Because the prosecution had to prove reckless indifference beyond reasonable doubt for murder, the murder verdict could not stand. The Court set it aside and reserved whether another verdict should be entered.
Before: Baker J
The ACT Court of Appeal refused McGary permission to appeal a decision not to permanently stop the prosecution concerning Ms A. Ms A had testified at an earlier trial as a tendency witness before charges relating to her were laid, and McGary had given evidence about her allegations at that trial. The Court considered that those circumstances did not show that a future trial would necessarily be unfair to the exceptional degree required for a permanent stay. It also noted that McGary could challenge the admissibility of his earlier evidence and could appeal if convicted. Because an appeal would delay the imminent trial and the refusal of a stay was not attended by sufficient doubt, leave was dismissed. This is general legal information, not legal advice. Zoe can make mistakes, and a qualified Australian lawyer should check this analysis before anyone acts on it or relies on it.
Before: Christensen AJ
Before: Mitchelmore JA, Adamson JA, Price AJA
The Court had already decided the underlying appeal and ordered judgment for MTH against the estate. It then considered whether an earlier freezing order should continue. The estate said the order prevented its special administrator from managing the estate. The Court accepted that submission, saw no reason to doubt the administrator’s ability to perform her duties, and found no evidence of a further claim that justified keeping the order. It therefore discharged the freezing order and made no costs order on the discharge application.
Before: D Robertson, Principal MemberL Andelman, Senior Member
Before: S De Jersey, Principal MemberH Woods, Senior Member
Before: Davies J at [1], Hamill J at [2], McNaughton J at [10]
Before: Scotting DCJ
Before: Newlinds SC DCJ
Before: Anderson SC DCJ
Before: Sutherland SC DCJ
Before: Peatman AC
Before: Dixon SC
Before: Galwey AC
Before: Pritchard J
Before: Duggan J
Before: Rees J
Before: Cavanagh J
Before: Huntingford J