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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: Richmond J
Before: Meek J
The Court found that Lynette promised Jennine half of her estate if Jennine moved to Port Macquarie and cared for her until she died. It accepted that Jennine did so, found the promise sufficiently clear and legally binding, and held that the Will’s failure to provide half the residue breached the contract. The Court did not fix the final amount in its reasons. It separately found that the $81,799 taken from Lynette’s account had been authorised, so Jennine did not have to repay it. Although the Court considered an alternative estoppel claim, it was not persuaded that estoppel justified enforcing the promise in full. The parties were to provide short minutes of order, including on costs.
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