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Appeal Panel held NCAT failed to engage with key CCTV and oral evidence about continuing driveway noise, and remitted the quiet enjoyment claim.
The Appeal Panel allowed the appeal, finding errors in the Tribunal’s handling of habitability, repairs and alternative accommodation costs, and remitted limited claims.
District Court appeal allowed in convictions on identification and circumstantial evidence grounds; charges in both the Passat and motorbike matters were dismissed.
The Court refused leave to appeal out of time from a Local Court negligence judgment, holding s 21(2) of the Pawnbrokers Act did not create a police duty of safekeeping.
The Court of Appeal dismissed the notice of appeal as incompetent and refused leave to appeal from interlocutory orders dismissing Prakash’s case against Commsec.
The Court of Appeal refused to restrain sale of three mortgaged properties pending a leave application, finding only a limited arguable case and balance of convenience favouring Perpetual.
The Court of Appeal dismissed an appeal about three alleged oral loan agreements between family members, upholding findings that they were repayable on sale of the Dover Heights property.
Leave to appeal was refused and the summons dismissed. The Court also dismissed an incompetent notice of appeal, corrected the University’s name, and removed the second respondent.
Appeal Panel refused leave to appeal and dismissed OPES’s appeal, holding the alleged contract variation was sufficiently certain and the new points could not be run for the first time.
The Court granted leave to appeal but dismissed a sentence appeal, holding the disparity with a co-offender was explained by objective and subjective differences.
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