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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: Member Rinaudo AM
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Before: Schmidt AJ
Before: McNaughton J
Before: Wright J
Before: Schmidt AJ
Before: Strathdee DCJ
Before: Ward P and Stern JA at [1], Adamson JA at [117]
The appeal concerned whether the Smith family had possessed all of a neighbouring block of land continuously and exclusively for 40 years. The majority accepted that the evidence proved adverse possession of the house and its curtilage, but not of most of the surrounding land. It included a narrow access strip because it considered the strip served the house. Adamson JA agreed that the appeal should succeed but considered the evidence did not prove possession of the access strip either. The majority’s orders allowed the appeal, narrowed the first-instance declarations and awarded ordinary costs to the appellants.
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Before: Harrison CJ at CL
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