Beale v Holmes

[2023] QCATA 47

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Beale v Holmes [2023] QCATA 47

PARTIES:

DARREN JOHN BEALE

(first applicant/appellant)

LLANA LEIGH BEALE

(second applicant/appellant)

v

NATASHA HOLMES

(respondent)

APPLICATION NO/S:

APL010-22

ORIGINATING APPLICATION NO/S:

MCDT271/21 (Mackay)

MATTER TYPE:

Appeals

DELIVERED ON:

19 May 2023

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member Peter Murphy SC

ORDERS:

1.     Leave to appeal is granted.

2.     The appeal is allowed.

3.     The matter be returned to the Tribunal sitting at Mackay for reconsideration including the hearing of further evidence.

4. Pursuant to s 146(c)(ii) of the Queensland Civil and Administrative Tribunal Act 2009, the Tribunal hearing the redetermination be constituted by a Member other than the Member who heard the proceedings appealed from.

CATCHWORDS:

APPEALS – LEAVE TO APPEAL – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY DISPUTE – ADEQUACY OF REASONS – FINDINGS OF FACT – FINDINGS OF LAW – where the applicants applied for leave to appeal the decision of a Magistrate sitting as a member of the tribunal to award compensation to the respondent – where the applicants alleged errors of law and fact – whether leave to appeal should be granted – whether the appeal should be allowed – whether the member erred – whether the member engaged with or grappled with the submissions of the parties

Queensland Civil and Administrative Tribunal Act 2009, s 61, 123, 142, 143, 146

Albrecht v Ainsworth & Ors [2015] QCA 220

Amundsen v Queensland College of Teachers [2011] QCATA 2
Croucher v Cachia [2016] NSWCA 132
Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397
Jackson & Anor v Commissioner, Queensland Fire and Emergency Services [2020] QCATA 171
King & Ors v Australian Securities and Investments Commission [2018] QCA 352

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

1. Mr and Ms Beale rented a house property in a suburb of Mackay pursuant to four consecutive residential tenancy agreements commencing in 2017.

2. Occupation of the premises under the last of the four agreements ended on 31 August 2021. During that tenancy, apparently in July 2021,[1] the property was sold to Ms Holmes.

   [1]The contract of sale was not in evidence before the Tribunal. Written submissions on behalf of Ms Holmes contended, “… the property settled to N Holmes (& partner at the time) on 7 July 2021”. An extract from the website realestate.com.au was in evidence and showed the property selling “in June 2021”.

3. Ms Holmes instituted proceedings in the Tribunal through her agent Raine & Horne seeking compensation in an amount of $3,422 (later amended to $3,363.64).

4. That sum was said to be the “cost … for removal, patch and paint the areas affected” by adhesive hooks and fasteners (or their remnants) left in the premises when vacated.

5. The sum said to…