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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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Before: Payne JA at [1], Stern JA at [2], McHugh JA at [3].
The Agreement gave Mr Sui choices about his investment from June 2020, but it did not force him to make one. Those choices had to be communicated by 31 December 2020, when the Agreement ended. Mr Sui's earlier requests for his money back and his attempt to terminate the Agreement did not clearly communicate that he was choosing the share-sale option. His later email and sale of the shares were outside the permitted period. He therefore did not acquire the right to claim the shortfall under Scenario 3, and his appeal was dismissed.
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