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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: Member J
Before: Mr P
Before: Flanagan JA, Ryan JJ
The Court of Appeal held that the purchasers’ deeds made them responsible for their agreed percentages of the royalty the sellers had to pay Tri-Star. The amount payable was fixed by an arbitration under the sellers’ agreement with Tri-Star. The purchasers were not parties to that arbitration, but the Court considered that their own deeds independently required them to contribute their shares of the royalty amount determined through the contractual process. The Court rejected the sellers’ alternative arguments that the same liability arose under the Sale and Purchase Deeds or that the purchasers were legally bound to the arbitration as privies. The appeal was dismissed with costs.
Before: Irving AsJ