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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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Ali Zalghout was injured in a car accident on 21 January 2023. His insurer, NRMA, determined his injuries were minor (threshold) injuries and refused to pay benefits beyond 26 weeks. A Medical Assessor agreed. Mr Zalghout sought a review. The Review Panel examined him and found that while he had pre-existing back conditions (spondylolisthesis and disc problems), the accident aggravated these conditions. However, because there was no new tear of ligaments, tendons or cartilage, no fractures, and no nerve root compression (radiculopathy), all his injuries—including his neck, back, and shoulders—remained threshold injuries. The Panel also assessed his permanent impairment at 12% whole person impairment, which exceeds the 10% threshold for common law damages. The Panel revoked the earlier Medical Assessor's certificate and substituted its own determination.
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