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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: Huntingford J
Before: Hamill J
Before: Davidson AC
Before: Davidson AC
Before: Mr J, Ms J, Kennett JJ
Before: R C Titterton OAM, Senior MemberD Goldstein, Senior member
Before: R C Titterton OAM, Senior MemberD Goldstein, Senior Member
Before: Sheldon J
Before: Leeming JA at [1], Payne JA at [2], Adamson JA at [91]
KT said that a family conversation in 2019 made him chair of the Heartland companies for as long as he held shares in BG Webb. He relied on that claimed chairmanship to cast a deciding vote for his brother’s appointment as a director in December 2022. The primary judge was not persuaded that the conversation happened as KT described it. The Court of Appeal accepted that the primary judge had evaluated the evidence in a conventional way, including the late recollection, the lack of supporting records, the surrounding correspondence, and the challenge to reliability in cross-examination. It granted permission to appeal but dismissed the appeal. It did not decide the separate argument about how long the director appointments lasted.
Before: G Sarginson, Deputy PresidentS de Jersey, Principal Member
Before: A Britton, Deputy PresidentC Mulvey, Senior MemberJ Le Breton, General Member
Before: Member Decision