Bamfield v Dunn - [2022] QCATA 151

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Bamfield v Dunn & Anor [2022] QCATA 151

PARTIES:

ian raymond bamfield

(applicant/appellant)

v

alan lockhart dunn

(respondent)

nedea capaldo/dunn

(respondent)

APPLICATION NO/S:

APL058-22

MATTER TYPE:

Appeals

DELIVERED ON:

18 October 2022

HEARING DATE:

26 September 2022

HEARD AT:

Brisbane

DECISION OF:

Judicial Member Murphy SC

ORDERS:

1. Application for leave to appeal dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – appeal against Magistrate sitting as the Queensland Civil and Administrative Tribunal – appeal of residential tenancy decision – whether any of the errors of law asserted by the applicant are appealable errors – whether irrelevant considerations were taken into account – whether the applicant’s material is relevant

LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – where the applicant and respondents had a residential tenancy agreement – where the applicant was given notice to leave without grounds – whether the notice for leave complied with the relevant requirements in the Residential Tenancies and Rooming Accommodation Act 2008 (Qld)

Housing Legislation Amendment Act 2021 (Qld)

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 142(1), s 142(3)(i), s 143(2)(b)

Residential Tenancies and Rooming Accommodation Act 2008 (Qld) Act s 291, s 293

Bamfield v Zanfan Pty Ltd [2010] QCATA 1

Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397
Du Preez v Linda’s Homes Pty Ltd [2010] QCATA 2
Maksimiuk v Savage [2015] QCA 177

QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41

APPEARANCES & REPRESENTATION:

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

REASONS FOR DECISION

Mr Bamfield rented residential premises in Far North Queensland from Mr and Mrs Dunn. The residential tenancy agreement governing that tenancy was signed by all three parties on 20 March 2021.
On 19 January 2022 a notice to leave without grounds in Form 12[1] was given to Mr Bamfield. He applied to the tribunal to set that notice aside.[2] On 24 February 2022, a Magistrate sitting as the tribunal at Tully dismissed Mr Bamfield’s application.
[1] Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (“RTRA Act”) s 291. The notice was issued, and the proceedings instituted, prior to amendments to that Act by the Housing Legislation Amendment Act 2021 which, relevantly, came into force on 1 October 2022.
[2] Pursuant to s 292 RTRA Act. Subsequently repealed by the Housing Legislation Amendment Act 2021(Qld) – see n 1.
Mr Bamfield applies for leave to appeal that decision.[3]
[3] Queensland Civil and Administrative Tribunal Act 2009 (Qld) (“QCAT Act”) s 142(1) and (3)(i). By reason of the operation of a procedural order made by the tribunal on 15 July 2022, the application is heard on the papers.

The Issues Before the Primary Tribunal

There were only two questions for determination before the learned Magistrate. First, did the notice to leave comply with the relevant requirements of the then…

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 Bamfield v Dunn

Details

AGLC: Bamfield v Dunn [2022] QCATA 151
Case: [2022] QCATA 151
Decision Date: 18 October 2022

CaseChat Overview and Summary

In the matter of Bamfield v Dunn, the applicant sought leave to appeal a decision of the Magistrates Court acting as the Queensland Civil and Administrative Tribunal, which involved a dispute over a residential tenancy agreement. The applicant, a tenant, had been given notice to vacate the premises by the respondent, the landlord, without any grounds for termination. The primary issue before the court was whether the notice to vacate complied with the relevant statutory requirements set out in the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). Additionally, the court needed to determine if any errors of law were made by the Tribunal that warranted an appeal, and whether any irrelevant considerations were taken into account in the original decision.

The court considered whether the applicant had identified any errors of law that were appealable and whether the Tribunal had considered irrelevant factors in reaching its decision. The court found that the notice to vacate provided by the landlord complied with the statutory requirements, and that the applicant's arguments about irrelevant considerations being taken into account did not constitute grounds for an appeal. Furthermore, the court concluded that none of the alleged errors of law were appealable in nature. As a result, the court dismissed the application for leave to appeal, finding that the appeal did not meet the necessary criteria for reconsideration.

Consequently, the court ruled that the application for leave to appeal the Tribunal's decision be dismissed. The court held that the Tribunal had correctly applied the law in making its decision and that the applicant had not demonstrated that there were any appealable errors. Therefore, the decision of the Magistrates Court acting as the Queensland Civil and Administrative Tribunal remained in place.

Orders

Orders of the court

1. Application for leave to appeal dismissed.

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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