Bates v Valentine - [2019] QCATA 131

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Bates v Valentine & Anor [2019] QCATA 131

PARTIES: MARK BATES

(appellant)

v

APPLE VALENTINE

(respondent)

NICHOLA VALENTINE

(respondent)

APPLICATION NO/S:

APL313-18

ORIGINATING APPLICATION NO/S:

Brisbane MCDT1151/18

MATTER TYPE:

Appeals

DELIVERED ON:

30 August 2019

HEARING TYPE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Dr J R Forbes, Member

ORDERS:
1.   Leave to appeal is granted.

2.   The appeal is allowed in part, to the extent indicated in Order 3.

3.   The orders of the primary Tribunal are varied by deleting the words and figures: ‘The amount owed by the Respondent is $3,200.00’ and substituting therefore: ‘The amount owed by the Respondent is $1,624.00’

4.   No order as to costs.

CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – leave to appeal – minor civil dispute – tenancy claim – where tenants claimed refund of moneys overpaid and compensation for defective appliances and inadequate gardening maintenance – where landlord counterclaimed for excess water rates, unsatisfactory state of premises on exit and disallowance of compensation awarded – where special limitation period applied – where compensation reduced to comply with limitation period – where leave to appeal granted and appeal allowed in part

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 32, s 61, s 93, s 142

Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 166, s 169, s 410

Caruana v Harcourts Proactive Results Pty Ltd [2012] QCATA 55

Fox v Percy (2003) 214 CLR 118
Masinello v Parker & Anor (No 2) [2013] QCATA 325
Minister for Immigration and Citizenship v SZMDS & Another (2010) 240 CLR 611
Nobile v Illidge & Anor [2019] QCATA 89
Queensland Building and Construction Commission v Watkins [2014] QCA 172
W (an infant) In Re [1971] AC 682

Watkins v Queensland Services Building Authority [2013] QCAT 535

APPEARANCES:

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

At all material times the intending[1] appellant Mark Bates and B Field (‘Bates’) were the owners of residential premises at 43 St Helens Road, Mitchelton, Brisbane (‘the premises’), and the respondents (‘the Valentines’) were their tenants.
[1]Leave to appeal is required by QCAT Act, s 142.
The Valentines occupied the premises under a residential tenancy agreement which commenced on 29 March 2016, and continued under a second and similar agreement from 29 March 2017 to 27 March 2018.
Under a term of the latter agreement the Valentines lodged a rental bond of $2,320.
On 23 May 2018 the Valentines began these proceedings claiming a total of $6,067,[2] a return of the bond moneys (less $243) and compensation[3] for breaches of a yard maintenance term, and another loss of amenity, namely a faulty stove.[4] After discussion between the Adjudicator and the Valentines at the hearing the claim was reduced to $5,408.[5] At the same time attention was drawn to a special…

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 Bates v Valentine

Details

AGLC: Bates v Valentine [2019] QCATA 131
Case: [2019] QCATA 131
Decision Date: 30 August 2019

CaseChat Overview and Summary

The appeal, brought forth by the tenants, sought to challenge the primary decision in a tenancy dispute with the landlord. The tenants sought a refund of moneys overpaid and compensation for defective appliances and inadequate gardening maintenance, while the landlord counterclaimed for excess water rates, an unsatisfactory state of the premises upon exit, and the disallowance of compensation awarded to the tenants. The case was heard in the Civil and Administrative Tribunal of New South Wales, an intermediate court with jurisdiction over minor civil disputes, including tenancy claims.

The primary legal issue was whether the appeal was validly brought and whether it should be allowed. A secondary issue was the calculation of the amount owed by the tenants to the landlord. Given the special limitation period that applied, there was also a question about the proper calculation of the compensation awarded to the tenants.

The court found that the appeal was validly brought and granted leave to appeal. The appeal was allowed in part, as the court varied the primary decision to reduce the amount owed by the tenants to the landlord from $3,200.00 to $1,624.00. This reduction was made to comply with the special limitation period applicable to the compensation claim. The court did not make any order as to costs.

The appeal resulted in a partial modification of the primary decision, with the amount owed by the tenants to the landlord being reduced. The court's decision highlights the importance of adhering to limitation periods and correctly calculating compensation claims in tenancy disputes. The outcome underscores the need for careful consideration of the specific legal principles applicable to the case.

Orders

Orders of the court

1. Leave to appeal is granted.

2. The appeal is allowed in part, to the extent indicated in Order 3.

3. The orders of the primary Tribunal are varied by deleting the words and figures: ‘The amount owed by the Respondent is $3,200.00’ and substituting therefore: ‘The amount owed by the Respondent is $1,624.00’

4. No order as to costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Bates v Valentine & Anor [2019] QCATA 131
PARTIES:	MARK BATES
(appellant)
v
APPLE VALENTINE
(respondent)
NICHOLA VALENTINE
(respondent)
APPLICATION NO/S:	APL313-18
ORIGINATING APPLICATION NO/S:	Brisbane MCDT1151/18
MATTER TYPE:	Appeals
DELIVERED ON:	30 August 2019
HEARING TYPE:	On the papers
HEARD AT:	Brisbane
DECISION OF:	Dr J R Forbes, Member
ORDERS:	1. Leave to appeal is granted. 2. The appeal is allowed in part, to the extent indicated in Order 3. 3. The orders of the primary Tribunal are varied by deleting the words and figures: ‘The amount owed by the Respondent is $3,200.00’ and substituting therefore: ‘The amount owed by the Respondent is $1,624.00’ 4. No order as to costs.
CATCHWORDS:	APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – leave to appeal – minor civil dispute – tenancy claim – where tenants claimed refund of moneys overpaid and compensation for defective appliances and inadequate gardening maintenance – where landlord counterclaimed for excess water rates, unsatisfactory state of premises on exit and disallowance of compensation awarded – where special limitation period applied – where compensation reduced to comply with limitation period – where leave to appeal granted and appeal allowed in part Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 32, s 61, s 93, s 142 Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 166, s 169, s 410 Caruana v Harcourts Proactive Results Pty Ltd [2012] QCATA 55 Fox v Percy (2003) 214 CLR 118 Masinello v Parker & Anor (No 2) [2013] QCATA 325 Minister for Immigration and Citizenship v SZMDS & Another (2010) 240 CLR 611 Nobile v Illidge & Anor [2019] QCATA 89 Queensland Building and Construction Commission v Watkins [2014] QCA 172 W (an infant) In Re [1971] AC 682 Watkins v Queensland Services Building Authority [2013] QCAT 535
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).