Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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: Mr J
Before: M Osborne J
Before: Croucher J
Before: M Osborne J
Before: Irving AsJ
The Court did not decide who ultimately owns the contractual rights or whether the sale must be completed. It found that Crefly's original pleading did not adequately show that it had replaced Bi as purchaser. But the proposed amended pleading added allegations that could, if established, support a different result, including a possible separate agreement and an estoppel claim. Sortop's proposed agency and trust claim was also arguable if properly particularised. The Court therefore allowed amendments and changes to the parties, and ordered that the property be preserved while the case continues.
Before: FORBES J
Before: Fox J
Before: Member Roney
Before: Gillard J, Bell J
Before: Mr J, Beach JA, Leish JA
Before: Mr J, Beach JA, Kennedy JA
Before: Mr J
Before: McDonald JJ, Ms J
Before: O'Callaghan J, Callaghan J
Before: Murphy J
Before: Mr P, Anderson J
Before: Hartigan DP