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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: General Member P
Before: Deputy President P
Before: Campton J
Before: McNaughton J
Before: Snaden J
Before: Goodman JJ
Before: Commonwealth Government P
Before: Bell CJ and Kirk JA at [1]
The Court extended the time for Aslan to seek leave to appeal, but refused leave. The decisive problem was that even if the allegations about the tenancy agreements were taken as true, the pleaded case did not show how the respondents’ conduct caused the losses Aslan claimed. The proposed new records did not fix that problem. The Court also rejected her fairness complaints and found no sufficient basis to challenge the costs order.
Before: G Blake AM SC, Principal Member
Before: P Durack SC, Senior MemberDr D Goldman, Senior Member