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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: Magistrate Theakston
Before: Mitchelmore JA, McHugh JA, Ball JA
WCX had lost its review application. The Court decided that the Mitchells’ costs of that application should be paid on an indemnity basis because WCX had pursued arguments the Court regarded as obviously unmeritorious. It also decided that the costs should be fixed as a single gross sum, rather than through a separate assessment, because of doubt about WCX’s capacity to pay and concern that further disputes would generate disproportionate costs. The amount was not fixed in this judgment. The parties were given a short process to provide evidence and submissions, and the amount would then be decided on the papers.
Before: Bell CJ at [1], Leeming JA at [2], McHugh JA at [106]
The Court of Appeal upheld the primary judge's decision. The LHD's letters did not show that it had abandoned the deed, and Dr Nguyen's proposed reassignment terms did not meet the deed's requirements for paying accrued IP costs and sharing commercialisation proceeds. The evidence also did not establish a reliable value for the invention or a sufficiently supported commercial chance. Although the LHD breached its best-endeavours obligation concerning further employment, the evidence did not show that proper efforts would have produced paid employment or research grants. The Court therefore left the nominal $1 damages award in place and dismissed both appeal and cross-appeal.
Before: Bell CJ at [1], Ward P at [68], Leeming JA at [69].
The Court of Appeal did not grant leave to challenge the magistrate’s refusal to let Ms Dougan appear by AVL or the arrest warrant. It considered that the magistrate had not excluded her personal inconvenience from the relevant assessment, and noted that the argument on appeal was framed differently from the argument made to the primary judge. The warrant provision allowed a warrant following a finding of guilt as well as following conviction, and the applicant’s guilty pleas had been formally accepted in 2021. However, JusticeLink wrongly recorded convictions in absence on 17 November 2023. The Court ordered that those entries be deleted, while refusing leave to appeal with costs.
Before: K Ransome, Principal MemberL Andelman, Senior Member
Before: Barrow SC DCJ
Before: Pullinger AC
Before: O’Neill C
Before: Kempthorne AC
Before: Gray C
Before: Dixon SC
Before: Cavanagh J
Before: Cavanagh J
Before: McGrath J
Before: Rees J
Before: Copley J
Before: Crow J
Before: Freeburn J
Before: Kelly J
Before: Member J
Before: Mr J