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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: Commissioner For
Before: McCallum CJ, Loukas-Karlsson and Baker JJ
The Court of Appeal upheld judgment for Canberra Building. It concluded that the email address used to send the payment claim was WNA's, based on the evidence and WNA's failure to produce evidence that could readily have addressed that question. It also held that the claim identified the work adequately for the Security of Payment Act, even though the invoices varied in detail and did not assign every labour item to a particular site. The decision concerns interim payment rights under the Act, not the final resolution of the parties' contractual dispute.
Before: Baker J
Before: Ball JA, Fagan J, Yehia J
Before: Pullinger AC
Before: Porter C
Before: Stevenson J
Before: Treston J
Before: Treston J
Before: Ms P
Before: Katzmann J
Before: Steward J, Jagot J