Boon v Department of Communities Housing, and Digital Economy

The case of Boon v Department of Communities Housing, and Digital Economy involved the applicant, who sought leave to appeal against a decision terminating their residential tenancy agreement. The applicant had been in breach of the agreement by keeping an excessive number of animals on the property, some of which were being bred. The Queensland Civil and Administrative Tribunal (QCAT) upheld the termination of the tenancy, and the applicant sought to appeal this decision. The legal issues before the court were whether there was any error of law in the QCAT decision, any misconduct by the respondent, or any other basis to disturb the findings of the Tribunal.

The court examined the application and found no error of law in the QCAT's decision. The applicant's claims of misconduct on the part of the respondent were unsubstantiated, and there was no other basis to disturb the findings of the Tribunal. The court held that the applicant had failed to adequately remedy the breaches of the tenancy agreement, and the attempts to remedy the breaches were at best piecemeal. The court further found that the respondent had established sufficient grounds to warrant the termination of the tenancy.

As a result, the court refused the applicant's application for leave to appeal. The stay granted by Mellifont J on 2 February 2022 was lifted, and the residential tenancy agreement between the applicant and the respondent was terminated from midnight 4 April 2022. A warrant of possession was issued, authorising a police officer to enter and take possession of the premises located at 1/12 Cockatoo Street, Bli Bli, from midnight 5 April 2022, and remain in effect for 14 days. The court invited the parties to make submissions if necessary, as to any consequential orders.