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.
1,764 case citations
Before: General Member J
Before: Christie J
Before: Moore J
Before: Shariff J
Before: Mr J
Before: Mr J
Before: Niall CJ, Kidd JA
Before: Mullins P, Boddice JA, Callaghan J
The Court of Appeal majority refused the applicant permission to appeal his sentence. It accepted that the sentencing paperwork misstated the maximum trafficking penalty, but considered that mistake immaterial because the sentencing submissions and comparable cases used the correct 25-year maximum. The majority also concluded that the sentence, including the time before parole eligibility, was not manifestly excessive given the offending and the applicant’s circumstances. Callaghan J dissented, regarding the sentencing process as flawed and the sentence as excessive.
Before: Buss P
Before: Quinlan CJ
Before: Howard J
Before: Seaward J
Before: Whitby J
Before: Solomon J
Before: Lemonis J
Before: Members J, Member J
Before: Member Forbes