Arthur Conias Real Estate v Valentine
[2015] QCAT 460
•23 September 2015
| CITATION: | Arthur Conias Real Estate v Valentine [2015] QCAT 460 |
| PARTIES: | Arthur Conias Real Estate (Applicant) |
| v | |
| Rhiannon Valentine (Respondent) |
| APPLICATION NUMBER: | MCDT2516-13 |
| MATTER TYPE: | Residential tenancy matters |
| HEARING DATE: | 27 August 2015 |
| HEARD AT: | Brisbane |
| DECISION OF: | Adjudicator Anna Walsh |
| DELIVERED ON: | 23 September 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The order made on 27 August 2015 is set aside. 2. The Application to add the owners, Duncan and Elaine Sealby as Applicants is refused. |
| CATCHWORDS: | Residential tenancy matters – finalised dispute - jurisdiction of the Tribunal |
APPEARANCES:
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
This Application was filed in the Tribunal on 9 October 2013. The Application related to a claim by Arthur Conias Real Estate for compensation following the termination of a tenancy at 120 Payne Road, Indooroopilly QLD.
The Application was heard by the Tribunal on 18 November 2013 and an Order made on 20 November 2013 that the Respondent pay to the Applicant $4,692.40.
On 6 August 2015 the Tribunal received an Application by the owners of the property to be joined as parties to the Application. On 27 August 2015 an Order was made on the papers adding the owners of the property as Applicants.
The Application for minor civil dispute had been finalised on 20 November 2013. There was no appeal by either party within the prescribed period and thereafter the jurisdiction of the Tribunal was exhausted.
There was no jurisdiction for the Tribunal to make further orders in respect of those proceedings.
An earlier application to join Your Local Rental in lieu of Arthur Conais Real Estate had rightly been refused on 28 July 2015.
In the circumstances the Order made on 27 August 2015 is set aside and the Application to add the owners Duncan and Elaine Sealby as Applicants is refused.
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