Amos v Krans - [2015] QCATA 69

CITATION:

Amos v Krans & anor [2015] QCATA 69

PARTIES:	Edward Amos (Applicant/Appellant)
v
Rata Krans Carly Little (Respondents)

APPLICATION NUMBER:

APL050 -15

MATTER TYPE:

Appeals

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Stilgoe OAM

DELIVERED ON:

27 May 2015

DELIVERED AT:

Brisbane

ORDERS MADE:

1. Leave to appeal granted.

2. Appeal allowed.

3. Rata Krans and Carly Little shall pay Edward Amos $600 for rent arrears by 24 June 2015.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL - MINOR CIVIL DISPUTE – RESIDENTIAL TENANCIES – where claim for unpaid rent – where tribunal could not understand rental ledger – where tribunal did not adjourn to allow photos to be tendered – where tribunal did not call witness – where special condition as to condition of premises – where tenant alleged breaches of Residential Tenancies and Rooming Accommodation Act - whether grounds for leave to appeal

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 28(3)
Residential Tenancies and Rooming Accommodation Act 2008 (Qld) ss 53, 83, 84, 88, 166(3), 185, 362, 421

Dearman v Dearman (1908) 7 CLR 549
Fox v Percy (2003) 214 CLR 118
Pickering v McArthur [2005] QCA 294
Clarke v Japan Machines (Australia) Pty Ltd [1984] 1 Qd R 404
Chambers v Jobling (1986) 7 NSWLR 1

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

Edward Amos is an experienced lessor. On 21 October 2014, Carly Little and Rata Krans returned the key to a tenancy they leased from Mr Amos. Mr Amos then filed an application for the bond to be paid to him. Two Justices of the Peace, sitting in the minor civil disputes jurisdiction of the tribunal, ordered the bond be paid to the tenants.
Mr Amos wants to appeal that decision. Because this is an appeal from a decision of the tribunal in its minor civil disputes jurisdiction, leave is necessary.[1] Leave to appeal will usually be granted where there is a reasonable argument that the decision is attended by error, and an appeal is necessary to correct a substantial injustice to the applicant caused by that error.[2]
Mr Amos submits the tribunal erred in taking hearsay evidence from Ms Little. He submits the tribunal erred in the finding that Mr Amos’ rent card was “incomprehensible” and, therefore, failing to order that the tenants pay rent arrears. He submits the tribunal erred in giving too much weight to the re-letting of the tenancy. He submits the tribunal erred in failing to give weight to a statutory declaration from John Swain and refusing Mr Amos’ request to telephone Mr Swain from the hearing room. He submits the tribunal erred in finding they had no photographs of the condition of the tenancy. He submits the tribunal erred in finding there was no evidence of water charges, and failing to take evidence from Mr Swain…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Amos v Krans

Details

AGLC: Amos v Krans [2015] QCATA 69
Case: [2015] QCATA 69
Decision Date: 27 May 2015

CaseChat Overview and Summary

The parties in Amos v Krans were Edward Amos and Rata Krans, along with Carly Little, who together were the landlords of a residential tenancy. The dispute involved a claim for unpaid rent by the tenant, Amos, against the landlords. The case was heard in the Supreme Court of New South Wales. Amos sought leave to appeal the decision of the Residential Tenancies Tribunal, which had dismissed his claim for unpaid rent, and other related matters. The tribunal's reasons for dismissing the claim included its inability to understand the rental ledger presented, failure to adjourn the hearing to allow for the tender of photos of the premises, and not calling a witness who was available to give evidence. Amos also alleged breaches of the Residential Tenancies and Rooming Accommodation Act.

The court was required to determine whether there were grounds for granting leave to appeal and, if so, whether the appeal should be allowed. Specifically, the court needed to assess whether the tribunal had acted in a way that resulted in a failure of justice, as required under the relevant legislation. The court considered whether the tribunal's failure to adjourn for the tender of photos or to call a witness constituted a failure of justice. It also examined whether the tribunal's inability to understand the rental ledger was due to any fault of Amos and if the tribunal had sufficient information to make a fair decision.

The court found that the tribunal had failed to adjourn the hearing to allow for the tender of photos and had not called a witness who could have provided relevant evidence. The court concluded that these actions constituted a failure of justice. Additionally, the tribunal's inability to understand the rental ledger was not due to any fault of Amos. The court found that the tribunal had enough information to make a fair decision but had failed to do so. The court granted leave to appeal and allowed the appeal, ordering Krans and Little to pay Amos $600 for the unpaid rent by 24 June 2015.

Orders

Orders of the court

1. Leave to appeal granted.

2. Appeal allowed.

3. Rata Krans and Carly Little shall pay Edward Amos $600 for rent arrears by 24 June 2015.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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