Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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: Taylor J
Before: S Westgarth, Deputy PresidentH Dixon SC, Senior Member
Before: Washington C
Before: Nichols AC
Before: Horton C
Before: Washington C
Before: Washington C
Before: Beasley J
Before: Harrison CJ at CL
Before: Flanagan JA, Cooper JJ, Burns J
The Court of Appeal upheld HCW's rape conviction on count 3. It considered that the jury could accept MRC's detailed and consistently maintained account of that incident while doubting the evidence relating to other counts. The Court also concluded that the evidence, viewed as a whole, allowed the jury to find count 3 proved beyond reasonable doubt. The appeal was dismissed.
Before: Bond JA, Bradley J, Muir J
The Court of Appeal upheld the primary judge's decision that the Trustee had authority under the trust deed's broad amendment clause to add a provision allowing it to remove and replace the Appointor. The deed's other provisions did not imply a limit preventing that amendment. The Appellants' argument that the change altered the trust's substratum did not succeed, including because fraud on the power was not pursued on appeal and the Court did not accept that the Appointor's supremacy over the Trustee was part of the substratum.
Before: Copley J
Before: Member Dr J
Before: Elliott J
Before: General Member J
Before: Carter J