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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: Smith JJ
Before: Jones JJ
The High Court did not decide whether a person can legally be an accessory before the fact to constructive murder. The Crown changed its explanation of the required mental state between the Court of Criminal Appeal and the High Court. On the changed version, the Crown accepted that Batak's murder conviction could not stand and a retrial would still be needed. The majority considered that this left no real dispute for the High Court to resolve in this appeal, which had become a request for guidance about the retrial. It revoked special leave. Edelman and Jagot JJ disagreed, emphasising the public importance of the unresolved question and the practical reasons for deciding it in the existing appeal.
Before: Jones JJ
The High Court held that the NSW Supreme Court can order notice telling class members that a party intends to seek a settlement order affecting the ability of non-registered members to share in settlement proceeds. The notice power is broad, but the matter notified must be relevant to group members. The notice does not itself change group membership or guarantee that the proposed settlement order will be made. Concerns about fairness, conflicts and any forensic advantage are matters for the Court when deciding whether to issue the notice and later whether to approve a settlement, not reasons to deny that the power exists.
Before: Jones JJ
The High Court clarified how an appellate court should assess whether an error in a criminal trial caused a miscarriage of justice. The question is not whether the defence would definitely have changed or whether a different defence would have succeeded. It is whether the error could realistically have affected how the jury reasoned to its guilty verdict. Here, information about the appellant's father, X, had not been disclosed before trial. The defence theory concerned the complainant's reference to an 'uncle' as the abuser, and the complainant also called X 'uncle'. The undisclosed material could have supported a more focused defence theory and questioning. Because that lost opportunity could realistically have affected the jury's reasoning, the High Court set aside the conviction and ordered a new trial.
Before: Hill J
Before: Carr J, O'Sullivan J
Before: Lee J