Blunsdon v Govesis

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Blunsdon & Ors v Govesis & Anor [2021] QCATA 91

PARTIES:

JOHN ALBERT HENRY BLUNSDON

(first applicant/appellant)

CLOVEDALE PTY LTD

(second applicant/appellant)

ALLISON HARVEY

(third applicant/appellant)

v

JOHN GOVESIS

(first respondent)

TONY GOVESIS

(second respondent)

APPLICATION NO/S:

APL178-21

ORIGINATING APPLICATION NO/S:

MCDT557-21 Brisbane

MATTER TYPE:

Appeals

DELIVERED ON:

15 July 2021

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

The termination order made on 7 April 2021 and the execution of the warrant of possession issued that day is stayed pending determination of the application for leave to appeal or appeal.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where a termination order was made by consent of the parties – where the tenants subsequently sought to appeal the consent order – where the tenants challenged the jurisdiction of the Tribunal to make a termination order by consent – where prospects of success of the appeal were limited – where the lessors had acted in dilatory fashion in protecting their own interests – where the lessors could commence new proceedings for termination after serving appropriate notices – where on balance a stay pending determination of the appeal was appropriate

Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 277(2), s 277(5)

Cherwell Creek Coal Pty Ltd v BHP Queensland Coal Investments Pty Ltd & Ors [2019] QCA 276

Harvey v Phillips (1956) 95 CLR 235

Hajjar v 104 880 088 Group Holdings Pty Ltd [2019] NSWCA 298

APPEARANCES & REPRESENTATION:

Applicant:

Legacy Legal

Respondent:

Beaudesert Legal

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. On 9 March 2021 the second respondent to the application for leave to appeal commenced minor civil dispute – tenancy proceedings in the Tribunal at Brisbane seeking an order terminating the tenancy of the applicants to the application for leave to appeal (‘the applicants’) of a property owned by both respondents to the application for leave to appeal (‘the respondents’) south of Brisbane.

2. The application for termination was based on failure to pay rent. Exhibited to the minor civil dispute application was a Notice to Leave Form 12 given on behalf of the respondents to the applicants.

3. The termination application came on for hearing before an Adjudicator on 7 April 2021. Because of Covid, all parties appeared by telephone. Mr Blunsdon represented the tenants. A solicitor, Mr Tan, and Mr Tony Govesis represented the lessors.

4. The parties agreed to terminate the tenancy as from 30 June 2021. A consent order to that effect was made by the Tribunal and a warrant of possession issued effective as and from 1 July 2021, which latter step was a requirement of the legislation.

5. On 4 May 2021 the applicants filed an application for reopening and an application to stay the decision made 7 April 2021 and…