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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: Ward P at [1]Adamson JA at [2]Price AJA at [72]
The Court of Appeal held that the 2021 COVID-19 Regulation did not require a tenant to proactively give the landlord proof of impacted-lessee status before the Regulation's protection against certain enforcement action applied. A tenant could provide the information early, but had to provide it within a reasonable time only if the landlord requested it. The Court also held that DNK's admission in its NCAT defence that Mr Jain was an impacted lessee meant he did not have to prove that fact, unless DNK obtained leave to withdraw the admission. DNK obtained leave to appeal, but lost the appeal.
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