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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: Lundberg J
Before: Howard J
Before: Campton J
Before: Mr J
Before: Brownhill J
Before: Slattery J
Before: Meek J
The plaintiff’s late family provision claim was dismissed. The Court then considered her request not to pay the defendant’s costs. It applied the usual costs rules, while recognising that family provision cases permit a more flexible assessment. The plaintiff’s financial information was incomplete, her settlement offer did not result in a better outcome for her, and the other circumstances she raised did not justify changing the usual result. She must pay the defendant’s ordinary costs, but not the difference between ordinary and indemnity costs, and she bears her own costs.
Before: Duggan J
Before: Pritchard J
Before: Armstrong J
Before: Dr K M George, Senior MemberM Tyson, Senior Member
Before: G Burton SC, Senior MemberJ Ledda, Senior Member
Before: Griffiths AJA
The Court of Appeal rejected the respondent's attempt to stop the appeal as incompetent. The appeal time issue used the date the orders were made, not the earlier date of judgment. For the monetary threshold, the Court looked at the value of the claim in issue, not simply the property's total value. The available evidence put that one-third amount above $100,000, and there was no evidence supporting deductions for sale costs. The appeal could therefore proceed without leave. Other unsubstantiated or substantive objections did not change that result. The respondent was ordered to pay the costs of the motion.
Before: Griffiths AJA
The Court of Appeal refused to pause enforcement of the State's possession order while the applicant's appeal was pending. It found that the appeal grounds, including those based on sovereignty, land title, international law and procedural fairness, did not raise a sufficiently serious issue for a stay. The Court also said that, even if it had needed to decide the balance of convenience, it would have favoured the State. This was an interim decision about a stay, not a final decision on the appeal.
Before: Garling J at [1], Yehia J at [2], Rigg J at [231].