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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: Bell CJ at [1], Leeming JA at [2], Basten AJA at [3]
The Court of Appeal found that the directors caused Sunnya to use false customs invoices and later to sell products to GNT at the lower invoice prices, shifting value away from Sunnya. It also found that the directors and associated companies were involved in diverting Sunnya’s Neurio business, and that GNT and other parties knowingly assisted relevant breaches. The appeal court made liability declarations but left the amounts of compensation or benefits to be accounted for to a later determination.
Before: Member Robinson, Member Orr
Before: Moore J
Before: Bell CJ at [1], Leeming JA at [121], Basten AJA at [122]
The Court of Appeal upheld the findings that Mr He and Ms Lu could not avoid fiduciary obligations concerning Sunnya’s Neurio business simply by resigning before pursuing a related business through GABT. It accepted the primary judge’s conclusion that the NRIO arrangements continued an earlier plan to divert Sunnya’s business. Sunnya’s possible difficulty operating in China did not, by itself, prevent a finding of breach. The Court also upheld injunctions intended to prevent further exploitation of that business and assistance in the scheme. Both appeals were dismissed with costs.
Before: Weinstein J
Before: Cosgrave J
Before: General Member J