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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: G Sarginson, Deputy PresidentDr K M George, Senior Member
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The Court allowed two narrowly framed subpoenas for medical records because the appellant had relied on her health circumstances to explain why she could not discover evidence before trial. The Court refused a third subpoena to her former solicitors because it was broad, difficult to answer quickly and likely to require a burdensome review for privileged material. The allowed subpoenas were to be returned on 19 March 2026 and limited, according to the formal order, to records created since 20 April 2020.