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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.
1,627 case citations
Before: N Adams CJ at CL at [1], Price AJA at [8], McGuire J at [143]
Before: N Adams CJ at CL at [1], Hamill J at [162], Emmett J at [163].
Before: Hollo SC DCJ
Before: Cole DCJ
Before: Priestley SC DCJ
Before: Weber SC DCJ
Before: Andronos SC DCJ
Before: Dicker SC DCJ
Before: Dickson C
Before: Targett C
Before: Peatman AC
Before: Beasley J
Before: Campbell J
Before: Ball JA
Before: McGuire J
Before: McGuire J
Before: Elkaim AJ
Before: Fagan J
Before: Hammerschlag CJ in Eq
Before: Emmett J
Before: Boddice JA, Brown JA, Wilson J
The sentencing judge imposed probation and community service but did not record convictions. The Court of Appeal found that the judge had wrongly proceeded on the basis that the respondent would automatically become a reportable offender for the online offence. The statutory consequence depended on a conviction being recorded or imprisonment being imposed. The Court considered the error important because reportable status and monitoring were relevant to the sentencing decision. It allowed the Attorney-General’s appeal and ordered convictions recorded for all offences, while retaining the other sentencing orders.
Before: Boddice JA, Doyle JA, Crowley J
The Court of Appeal upheld the decision to strike out the McFauls' amended statements of claim because they did not clearly set out the facts supporting the claims about the mortgage and loans. The pleadings were unclear about which entities borrowed money, how the loans related to the mortgage, and what events allegedly repaid or extinguished debts. The Court also held that affidavits could not fill gaps in the pleadings and that the appellants had already had several opportunities to amend. The appeal was dismissed, but the result did not prevent a further attempt to plead the case. The appellants had to pay the respondent's appeal costs.
Before: Boddice JA, Bradley JA, Freeburn J
The Court of Appeal refused EAE’s request for permission to appeal his sentence. It accepted that he had mitigating circumstances, including remorse, rehabilitation, a good work history and a long period between the offending and sentence. But it considered those factors alongside the seriousness of the offences, the complainant’s age, the breach of trust and the harm described to the sentencing judge. It also noted that the guilty pleas came shortly before trial. The Court concluded that the four months of actual custody was not unreasonable or plainly unjust and that the sentencing judge had considered harm and mitigation.
Before: Weinstein J
Before: Berman AJ
Before: Keane J, Gordon J
Before: Hill JJ
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Before: Feutrill J