Arthur v Husheer; Gautron v Husheer

In Arthur v Husheer; Gautron v Husheer, the Queensland Civil and Administrative Tribunal (QCAT) was asked to consider appeals against decisions in two proceedings related to a residential tenancy. The landlords, Mr and Mrs Husheer, claimed damages from the tenants for breach of the tenancy agreement, and from the agents for breach of a management contract. The tenants appealed against the decision in the proceedings against them. The agents did not appeal. The main issue for the appeal court was whether the landlords had been double compensated for their loss of rent, and if so, whether the appeals should be dismissed as an abuse of process. The court found that the tenants had been double compensated for their loss of rent, and that there was an error of mixed law and fact in the decision in the tenant proceedings. The court held that issue estoppel did not arise in respect of the final decision in a proceeding for a minor civil dispute, as provided for in section 126 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). The appeal court set aside the decision in the tenant proceedings and ordered the landlords to repay the overpayment to the tenants. The appeal court refused leave to appeal in the agent proceedings, and dismissed the appeal in the tenant proceedings in part and allowed it in part.