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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: Miller JA, Derrick J
Before: Mullins P, Brown JA, Flanagan JA
The Court of Appeal rejected PBQ’s challenges to his conviction. It reviewed the alleged inconsistencies in the complainant’s account and found they did not make the verdict unsafe. It also held that the trial judge’s directions adequately addressed the issues the jury had to decide. The Crown was not required to call the complainant’s father and aunt in the circumstances, and the evidence did not establish significant forensic disadvantage from the reporting delay. The appeal was dismissed.
Before: Bond JA
The Court of Appeal refused to let HCX bring a late application for leave to appeal his sentence. The delay was more than four years and had no good explanation. The Court also considered that the proposed argument, that the 11-year sentence was manifestly excessive, had very poor prospects. It therefore concluded that extending time was not in the interests of justice.
Before: Mitchell JA
Before: Members P, Member P
Before: Shariff J
Before: Jane Dixon J
Before: Commissioner P
Before: Commissioner P
Before: Carew J