Bates v Horsnell

[2011] QCATA 329

CITATION: Bates v Horsnell [2011] QCATA 329

PARTIES:	Javvab Bates (Applicant/Appellant)
v
Trevor Horsnell Lauren Horsnell (Respondents)

APPLICATION NUMBER:   APL331-11

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Justice Alan Wilson, President

DELIVERED ON: 25 November 2011

DELIVERED AT: Brisbane

ORDERS MADE:      Leave to appeal refused.

CATCHWORDS: 

APPEAL – LEAVE TO APPEAL – MINOR CIVIL DISPUTE – RENTAL TENANCY – Where applicant rented premises from the respondent – Where the respondent claimed for cleaning fees outstanding rent and repair costs – Where applicant cross claimed for failure to maintain premises in good tenantable condition – Where Magistrate awarded the respondent some of the claim sought – Where Magistrate dismissed the applicant’s cross claim – Where applicant seeks leave to appeal that decision – Whether grounds for leave to appeal

Dearman v Dearman (1908) 7 CLR 549, applied
Fox v Percy (2003) 214 CLR 118, applied

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of Queensland Civil and Administrative Tribunal Act2009 (QCAT Act).

REASONS FOR DECISION

1. Ms Bates rented residential premises at Mount Isa from Mr and Mrs Horsnell.  She vacated the premises in March 2011 and, later, they brought proceedings in QCAT’s Minor Civil Disputes jurisdiction claiming $1,658.92 for outstanding rent, cleaning fees and repair costs.

2. Ms Bates filed a cross-application disputing the Horsnells’ claim and claiming, for herself, the sum of $5,000 ‘… by way of compensation for personal injury’ caused, it is alleged, by the Horsnells’ failure ‘… to ensure the premises were in good tenantable state of repair upon commencement of the lease’.

3. The matter was heard by an acting Magistrate, sitting as a QCAT Member, in Mount Isa on 7 July 2011.  The learned Magistrate adjourned his decision and delivered it, with reasons, on 28 July 2011.  The QCAT Appeal Tribunal directed that Ms Bates’ application for leave to appeal would be determined on the papers, with written submissions from both parties, which they have now filed.

4. The learned Magistrate rejected a number of the Horsnells’ claims – for carpet cleaning; pool chemicals; repairs to screens on doors; and, for a letting fee.  He allowed two claims – outstanding rent of $488.57, and two-thirds of the replacement cost of a blind, in the sum of $178.57.  He also awarded the Horsnells $30 for part, but not all, of their filing fees.  The ultimate order was that Ms Bates must pay the Horsnells $697.15.

5. The learned acting Magistrate also dismissed Ms Bates’ counter application for $5,000 for compensation for personal injuries, on the basis that it is a claim for unliquidated damages and is outside QCAT’s powers in its Minor Civil Disputes jurisdiction, and should be brought under the Personal Injuries Proceedings Act 2002.

6. Ms Bates’ submissions contend that the decision involves substantial miscarriages of justice because, in summary, the acting Magistrate wrongly relied on the evidence of the Horsnells about the material of which the…