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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: Mossop J
Before: Mossop J
Before: Payne JA at [1], Kirk JA at [2], Stern JA at [3].
Tok agreed to sell Rashazar Pty Ltd 30 shares in Fresh Cut for $275,000, but the shares were never transferred. The purchaser paid the full price and stamp duty, and later made other payments connected with Fresh Cut. The Court of Appeal upheld the damages award because the true value and likely financial performance of the company under the promised arrangement could not reliably be established, and that uncertainty was connected to Tok’s breach. It also explained that restitution is not automatically barred just because a contract exists: the key question is whether restitution would undermine a risk allocation in that contract. The primary judge’s findings about the other payments were also upheld. The appeal was dismissed.
Before: I R Coleman SC ADCJ, Principal MemberC Mulvey, Senior MemberM Bolt, General Member
Before: Member Decision
Before: Newlinds SC DCJ
Before: Newlinds SC DCJ
Before: Espinosa C
Before: Washington C
Before: Espinosa C
Before: Byrne AC
Before: Horton C
Before: Kullen AC
Before: Espinosa C
Before: Douglas AC
Before: Dixon SC
Before: Beasley J
Before: Peden J
Before: Mullins P, Boddice JA
The Court of Appeal upheld the three rape convictions and declined to grant leave to challenge the sentences. It accepted that the complainant had given seriously different accounts to police and at trial, but considered that the jury could assess her explanations in the context of the other evidence. The foetal DNA evidence was not conclusive proof of paternity, but strongly favoured the appellant over a random unrelated man. The evidence supporting the rape counts also differed from the evidence on the assault count, so the acquittal on that count was not irreconcilable with the convictions. The Court considered the concurrent sentences, including the 12-year sentence that represented the overall criminality, not manifestly excessive on the circumstances and authorities discussed.
Before: Bradley JA, Bond JA, Flanagan JA
The Court of Appeal dismissed Thompson’s appeal. His application had asked for “appropriate orders” and “appropriate directions” without identifying what he wanted the Court to order. The Court accepted the primary judge’s description of that relief as indiscernible. It also held that an earlier, unappealed order by Callaghan J had refused repayment of the costs already received while a new costs assessment remained to be completed. The Court rejected Thompson’s bias arguments and ordered written submissions on appeal costs.
Before: Davis J