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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.
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The court dismissed a wife's appeal against the refusal to set aside 17-year-old property orders because she failed to file required court documents despite being given multiple chances. The court found that while missing a deadline doesn't automatically end an appeal, here the husband would suffer unfairness from more delays. The wife's reasons for missing the deadline—being locked out of her apartment, trauma, and her lawyer not finishing the work—were not good enough, especially since she had legal training and had managed to write other detailed submissions. The court noted she had been given many chances before and there was no realistic timeline for when she would actually be ready to proceed.
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