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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.
1,627 case citations
Before: Brereton J
Before: Slattery AJ
Before: Younan J
Before: French J, Gleeson CJ, McHugh J
Before: Leeming JA at [1]Mitchelmore JA at [78]Adamson JA at [79]
The Court of Appeal upheld the refusal to order a further account or require repayment of the disputed trust distributions. The claims about distributions to Victoria were brought too late under s 48 of the Limitation Act because the relevant breach occurred when the trust property was distributed, not when the court later decided she was not a beneficiary. For distributions to Elanora Farming, the trustee had been excused from personal liability under s 85 of the Trustee Act, which also removed the obligation to restore those amounts. The Court also held that a further account was unnecessary because Harry had had the opportunity to challenge the amounts during the trial.
Before: Payne JA, Price AJA
The Court of Appeal did not reconsider the underlying tenancy dispute on its merits. Because the amount was below the statutory threshold, the applicant needed leave to appeal. His proposed appeal relied mainly on issues that had not been raised before the judge whose decision he sought to challenge, and those issues required factual investigation. The Court found no qualifying reason to allow a further appeal. Leave was refused, and the applicant was ordered to pay the respondent's costs.
Before: Free JA
The Court of Appeal dismissed Mr Luo’s appeal because he had not obtained leave, and had not shown that the appeal concerned at least $100,000 in value so that he could appeal without leave. The Court treated NCAT’s Stage One disciplinary findings as a final decision. It also rejected Mr Luo’s argument that an earlier case gave him a direct appeal as of right to the Court of Appeal, because that case involved a different kind of Tribunal panel.
Before: S Westgarth, Deputy PresidentS de Jersey, Principal Member
Before: A Britton, Deputy President
Before: Espinosa C
Before: Walsh C
Before: Dickson C
Before: Espinosa C
Before: Kullen AC
Before: Kempthorne AC
Before: Emmett J
Before: Weinstein J