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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.
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Bond JA ordered the appellants to provide $49,000 security for the respondents’ appeal costs. The amount was supported by evidence and was not disputed. The appellants were all assessed as impecunious, while the respondents had applied without delay. The court was not satisfied that security would necessarily stop the appeal, and it could not assess the appeal’s prospects because it lacked relevant evidence that had been before the primary judge. The appeal itself was not decided.
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