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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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A granddaughter can meet the statutory dependency gateway through regular financial help from a grandparent, even if she can otherwise cover basic living costs. In this case, the Court of Appeal upheld the finding that John’s regular support made Natalie partly dependent on him. It also found no appealable error in the conclusion that the circumstances warranted her claim or in the $2.55 million award, which took account of the size of the estate and evidence of her future medical and care needs. The appeal was dismissed with costs.
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