Berry v Treasure & Anor

[2021] QCATA 61

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Berry v Treasure & Anor [2021] QCATA 61

PARTIES:

BRET WILLIAM BERRY

(applicant/appellant)

v

JOHN ROBERT TREASURE

(first respondent)

SHELLY ANNE TREASURE
(second respondent)

APPLICATION NO/S:

APL010-20

ORIGINATING APPLICATION NO/S:

MCDT72/19 (Proserpine)

MATTER TYPE:

Appeals

DELIVERED ON:

25 May 2021

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Justice Daubney, President

ORDERS:

The application for leave to appeal or appeal is dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – where applicant was a tenant in house owed by respondents – where respondents claimed money owed to them by applicant for rent and remedial works – where respondents filed application for minor civil dispute in Tribunal – where applicant ordered to pay respondents some of the claimed amounts – where applicant filed application for leave to appeal or appeal that decision – where applicant claimed original hearing was rushed – where applicant claimed Acting Magistrate declined to review relevant documents – whether  Acting Magistrate was in error   

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 28, s 142

Queensland Civil and Administrative Tribunal Rules 2009, r 83

Bradlyn Nominees Pty Ltd v Saikovski [2012] QCATA 39

Burke v Commissioner of Police [2019] QCA 158
Durrand v Karaolis [2012] QCATA 182
Goldfield Projects Pty Ltd v Queensland Building and Construction Commission [2020] QCATA 21

Pickering v McArthur [2005] QCA 294

REPRESENTATION:

Applicant:

Self-represented

Respondents:

H Barker i/b Vestplus Pty Ltd t/as Homes to Rent

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

REASONS FOR DECISION

1. The Applicant, Bret Berry, was the tenant of a house in Cannonvale owned by the Respondents, John Treasure and Shelly Treasure.  It was a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). The Respondents’ agent was Hana Barker of “Homes to Rent”.

2. The Applicant vacated the property at the conclusion of the tenancy.  The Respondents claimed, however, that rent was in arrears and that certain remedial works needed to be performed at the property.  Attempts to have the matter conciliated through the Residential Tenancies Authority (“RTA”) came to nothing, and in November 2019 the Respondents filed an “Application for minor civil dispute – residential tenancy dispute” in QCAT.  The Respondents claimed for the following:

   (a)carpet cleaning - $125.00;

   (b)new carpet - $730.00;

   (c)paint and repair of three walls - $660.00;

   (d)rent arrears - $670.70;

   (e)water charges - $183.52;

   (f)window cleaning - $148.50; and

   (g)repair of broken downpipe - $49.50.

3. This minor civil dispute came on for hearing before an Acting Magistrate on 22 November 2019.  Ms Barker, the agent, appeared by telephone at the hearing for the Respondents.  The Applicant appeared in person.  After hearing the parties, the Acting Magistrate made his decision and gave ex tempore reasons for the decision.  The decision allowed some of the claimed amounts in whole or…