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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
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Broadby sought permission to challenge his nine-year manslaughter sentence. The listed grounds concerned whether the sentencing judge considered the sentence and serious violent offence declaration together, and whether the sentence's effect on parole eligibility was excessive. The Court of Appeal refused permission. The supplied material contains the case summary, catchwords, order and footnotes, but not the judgment's reasons, so it does not show how the Court resolved the legal arguments.
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Before: Kirk JA
Joseph sought documents exchanged or prepared by the Spencers and Kiama Municipal Council around a development appeal and conciliation conference. He said the documents were relevant to his judicial review case and that privilege had been waived or lost. Kirk JA held that the summons then before the Court did not challenge the Council’s change of position or plead the serious allegations used to justify the request. The documents were therefore not relevant to a fact in issue. The judge also concluded that privilege had not been waived or lost, and that most of the disputed conference material was protected from production under s 34(11). The motion was dismissed, with costs against Joseph.