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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
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Before: Goulden AsJ
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Before: Hmelnitsky J
Before: Stevenson J
Before: Cole DCJ
Before: Leeming JA, Stern JA
The Court of Appeal found that the applicant's dissatisfaction with earlier decisions by the same judge did not show that the judge was biased. Those decisions had been made on procedural and limitation grounds rather than findings about the applicant's credibility. The applicant also alleged that a hearing transcript had been altered, but provided no evidence to support that allegation. The court therefore dismissed his motion, refused permission to appeal and ordered him to pay the respondents' costs.
Before: Leeming JA at [1], McHugh JA at [1], Price AJA at [1]
DMG partly succeeded in its earlier appeal. It reduced the amount payable to Mr Bartlett by slightly more than $1 million, but did not overturn the finding that it was negligent. The Court considered both the financial value of DMG's successful arguments and the fact that the negligence arguments, which DMG lost, took most of the hearing. It concluded that the parties' positions on costs approximately balanced, so each active party would bear its own appeal costs. Separate trial costs and contribution orders were made by consent.
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