Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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: Black J
Before: Member Ms J, Mr J
Before: Campbell J
Before: Peden J
Before: Pike J
Before: Slattery J
Before: Haesler SC DCJ
Before: Buscombe DCJ
Before: Weber SC DCJ
Before: Bennett ADCJ
Before: Loukas-Karlsson, Baker and Taylor JJ
The Court of Appeal dismissed Ware's appeal against two convictions for sexual intercourse without consent. It held that the law did not require Ware to prove that he took steps to check for consent. The prosecution always carried the burden of proving the offence, including the relevant fault element. The jury had been told to acquit if Ware's account might reasonably be true, and the Court considered that direction sufficient in the circumstances. The Court also cautioned that extreme hypotheticals about consent can distract juries. Because no objection or request for redirection had been made at trial, and no error was established, leave to rely on the new appeal ground was refused.
Before: Davis J
Before: Nixon J
Before: Meek J