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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: Schonell J
Before: Schonell J
Before: Ms P
Before: Members P, Member P
A couple wanted to build a 2-metre-high front fence at their Seaford home, higher than the 1.5-metre limit. The council refused, saying it would disrupt the streetscape and breach neighbourhood character rules. The Building Appeals Board allowed the appeal, finding that: (1) the busy bus route created noise justifying the extra height; (2) nearly half the nearby fences were already over 1.5 metres; (3) 'heavily trafficked' should include busy bus routes, not just roads with 6,000+ cars daily; and (4) there was no consistent fence design in the area anyway. The Board approved a slightly modified fence with 2m posts and 1.88m infill panels.
Before: Gething J
Before: Whitby J
Before: Hill J
Before: Buss P
Before: Mr P
Before: O'Sullivan J
Before: Commission J, Kennett J
The Court dismissed the provider's challenge. Putting the provider on manual payment review changed how the NDIA checked its claims, but did not itself decide a legal right. The provider also did not show that the NDIA's January decisions were made unfairly or through an established legal error. Although the remaining claims had taken time to process, the evidence showed a large review workload, limited resources and continuing progress. The Court therefore did not order the NDIA to decide the remaining claims within a court-set time.
Before: Kunc J
Before: Nixon J
Before: Hmelnitsky J