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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
Before: Crow J, Bowskill CJ, Mullins P, Boddice JA
The Court of Appeal refused to let the applicant appeal out of time. It accepted that she had given an explanation for the delay, but held that lack of representation and formal training did not make it acceptable. More importantly, it found the proposed appeal had no merit: the orders were made when pronounced by the judge, the respondents could defend the claim, a copy of the registered mortgage was sufficient for the point raised, and the other proposed grounds did not disclose a viable basis for trial. The Court also saw no prospect of success in appealing the costs order. It dismissed the application with costs.
Before: Boddice JA, Bond JA
Millar argued that requiring her to serve 12 weeks in custody was too severe given her four young children, her care of her terminally ill mother and the prospects of rehabilitation. The Court of Appeal accepted that substantial mitigation could have supported a sentence without actual custody, but said that this alone did not make the sentence manifestly excessive. The sentencing judge had considered those matters and significantly reduced the custodial period, while also treating the repeated supply-related offending as serious. The Court found no sentencing error meeting the applicable threshold and refused leave to appeal.
Before: Rees J
Before: As Ryan J
Before: M Deane, Senior MemberN Kennedy, Senior Member
Before: DELANY J