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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: Wheatley J
Before: Wheatley J
Before: Mr J
Before: Christensen AJ
Before: Mossop J
Before: McHugh JA at [1], Ball JA at [2], Free JA at [3].
The Court of Appeal decided that Manariti’s payment claim was not invalid for either reason Universal had pleaded. The attached spreadsheet and earlier invoices provided a reasonable way to identify the work. Whether the cost-plus amount was actually payable under the contract was a question about the merits of the asserted entitlement, not an extra condition for a valid payment claim. Because Universal had not served a payment schedule and its only pleaded defences were bound to fail, the Court entered summary judgment for Manariti.
Before: Bell CJ, Payne JA, Free JA
The Court of Appeal upheld the finding that Margaret Chalik’s 2013 Will was invalid. It said the legal test was the common law test in Banks v Goodfellow, and that s 19(2) of the Succession Act did not replace that test because this was not a statutory will application. The judges considered the evidence as a whole, including clinical records, family evidence, expert evidence and the solicitor’s account. They also clarified that courts can explain procedure to people representing themselves, but are not responsible for running their cases or finding every argument for them. On costs, the Court decided that the $40,000 award did not sufficiently account for two settlement offers found to have been unreasonably rejected. It increased the amount payable to $130,000.
Before: E Bishop SC, Senior MemberP H Molony, Senior Member
Before: G Burton SC, Senior MemberJ Redfern PSM, Senior Member
Before: D Charles, Senior MemberN Kennedy, Senior Member
Before: K Ransome, Principal MemberE Bishop SC, Senior Member
Before: King SC DCJ
Before: Dickson C
Before: Kullen AC
Before: O’Neill C
Before: Black J