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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: Commissioner P
The Fair Work Commission dismissed an unfair dismissal application because it was made 58 days late and the applicant failed to prove 'exceptional circumstances' to justify an extension. Although the applicant's father died on the same day as his dismissal—which could potentially be exceptional—the applicant did not provide enough detail about how caring for his family prevented him from filing the claim earlier. The applicant also took no other steps to dispute his dismissal during the delay. The Commission found the statutory test sets a 'high hurdle' that was not met here.
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