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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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Floyd introduced OneFin as a potential buyer. The resulting option deed let OneFin nominate someone else to complete the purchase, and RRAF3 ultimately bought the property on the terms already attached to that deed. The Court of Appeal considered that OneFin's use of its own agent to find RRAF3 did not, on these facts, break the connection between Floyd's introduction and the completed sale. It therefore saw no error in the trial judge's decision that Floyd was entitled to commission and refused Nevgold leave to appeal.
Before: Whitby J
Before: Member Decision