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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
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Before: Abadee DCJ
Before: McCallum CJ
Before: Burns J
Before: Kelly J, Hindman J
The appeal concerned whether the Yao and Zhao defendants could change their defences and withdraw earlier admissions about who owned the funds at the centre of the case. The Court of Appeal considered that ownership was a genuine, important dispute supported by evidence, and that the primary judge’s earlier adjournment decision had already accepted the need for the defendants to investigate and plead that case without a finding of bad faith. The refusal to let them plead it would deny them the opportunity to advance a defence that could defeat the plaintiffs’ claims against them. The Court allowed the appeal, permitted most of the proposed amendments, ordered payment of costs thrown away and set aside the trial listing.
Before: Bradley JA, Fraser JA, What Giles JA, Bond JA, Flanagan JA
The Court of Appeal had already dismissed Thompson’s appeal. It then decided how the respondent’s costs should be worked out. The parties accepted that Thompson should pay standard-basis costs, but disputed whether the amount needed to go through a formal assessment. The Court considered the long history of disputes over costs and the itemised invoices and evidence provided. It concluded that a broad, discounted estimate could be made fairly and ordered payment of $22,000, including costs of Thompson’s application filed during the appeal.
Before: Whitby J
Before: Musikanth J
Before: Commissioner Condon