Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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: Chief Magistrate Walker
Before: Christensen AJ
Before: Mossop J
Before: Basten AJA at [1], Griffiths AJA at [45], Price AJA at [48]
The Court of Appeal refused Chang’s attempt to reopen its earlier appeal decision. It concluded that the trust principle he relied on was not the issue the appeal had turned on, and that the rule about mixed trust and personal funds had already been addressed. The Court also ordered Chang to repay costs Tjiong had paid under orders later set aside, with interest. It could not consider Tjiong’s late-added request for indemnity costs because that was a new order sought after the 14-day limit.
Before: Gleeson JA at [1]Mitchelmore JA at [132]Basten AJA at [133]
Metal Manufactures had registered a security interest over panels it supplied to SES, but its sale terms permitted SES to dispose of them in the ordinary course of business. SES delivered the panels for the solar project and acquired a contractual right to payment from Verdia. The Court treated that right, and the later money paid by WesTrac to Verdia, as proceeds of dealings with the panels. The original security interest therefore did not continue in the panels, although it attached to proceeds. The Court also held that PPSA s 46 can apply even where the seller’s title has not yet passed under a retention-of-title clause. It dismissed Metal Manufactures’ appeal.
Before: G Blake AM SC, Principal MemberM Tyson, Senior Member
Before: Member Decision
Before: Haesler SC DCJ
Before: O’Neill C
Before: Coetzee AC
Before: Horton C
Before: Miller AC
Before: Washington C
Before: Targett C
Before: Dixon SC
Before: Preston CJ
Before: Martin SJA
Before: Ierodiaconou AsJ
Before: Fox J
Before: Watson J
Before: Mr P, Ms J, Priest JA, Kaye JA
Before: Schonell J
Before: Mr J