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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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A man from Bangladesh who was challenging a decision to refuse his student visa failed to show up to his court hearing. The Court had sent him multiple emails and letters telling him when and where the hearing was. He had even emailed the Court six days before asking to postpone the hearing because he was unwell, but the Court told him that request would be decided at the hearing itself. When he didn't appear, the Judge waited 45 minutes in case he was just late, but he still didn't come. The Court dismissed his case because he didn't attend. The Court noted he could apply to have this decision overturned if he could explain why he didn't attend and if he had a strong case. He was also ordered to pay $6,100 in legal costs to the Minister.