Booloumba Downs Pty Ltd v Donovan

Booloumba Downs Pty Ltd appealed against a decision of the Queensland Civil and Administrative Tribunal (QCAT) that it had failed to demonstrate that it was entitled to an increase in rent. The dispute arose from an application to QCAT for a review of a decision by an Adjudicator that Booloumba had not proved it was entitled to an increase in rent, and that it was instead liable to pay the tenants a bond interest rebate. The appeal was dismissed by the Tribunal, and Booloumba now sought to appeal that decision. The main issue for the Court was whether Booloumba was entitled to have new evidence admitted at the appeal stage, and if so, whether that evidence was sufficient to justify the grant of leave to appeal. The Court found that the new evidence was not admissible because it was not reasonably available at the time of the hearing before QCAT, and in any event, it was not sufficient to disturb the findings made by the Adjudicator.

The Court held that the evidence in question was not fresh evidence because it was not reasonably available to the appellant at the time of the hearing before QCAT. The Court noted that the appellant had an obligation to act in its own best interests and to bring all relevant material to the hearing. The Court also found that the evidence was not credible because it did not clearly convey instructions to the agent that Foxtel and Internet were not to be installed. The Court concluded that the evidence was not sufficient to disturb the findings made by the Adjudicator. Accordingly, the appeal was dismissed and leave to appeal was refused.