Bowie v Gela

[2023] QCATA 129

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Bowie v Gela [2023] QCATA 129

PARTIES:

ALBERT BOWIE

(applicant/appellant)

v

LUCY GELA

(respondent)

APPLICATION NO/S:

APL130-22

ORIGINATING APPLICATION NO/S:

MCDT328-22 Brisbane

MATTER TYPE:

Appeals

DELIVERED ON:

20 October 2023

HEARING DATE:

29 September 2023

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

1.     Leave to appeal granted.

2.     Appeal dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where the appellant was a tenant of the respondent who was in turn a sublessor – where the respondent gave notice to leave without grounds on expiry of the fixed term – where the appellant challenged the respondent’s title to the demised premises – where the respondent served a Notice to Leave – where the respondent commenced proceedings in the tribunal for a termination order – where the registry refused to accept the application forwarded by email with online payment details for the filing fee – where the respondent made the application again but without filing fee credit details – where there was delay in the registry processing the application – where the application was two days out of time – where the Adjudicator amended the application relying on s 61 of the Queensland Civil and Administrative Tribunal Act2009 to make the application within time – where the appellant appeals the termination order made

LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIOD – POWER OF COURT TO EXTEND LIMITATION PERIOD – where s 293(2) Residential Tenancies and Rooming Accommodation Act 2008 (Qld) required an applicant to make an application for termination in the tribunal within 14 days of the handover date nominated in the notice to leave – where the application was filed late due to delay on the part of the registry – whether s 61 Queensland Civil and Administrative Tribunal Act2009 (Qld) was available to extend the time for filing

Acts Interpretation Act 1954 (Qld), s 14(4)
Queensland Civil and Administrative Tribunal Act2009 (Qld), s 33, s 38, s 61
Residential Tenancies and Rooming Accommodation Act2008 (Qld), s 293(2), s 415(1)(a), s 326(1)(d)

Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 31

Amos v Fett & Anor [2016] QCATA 120

Bergin v Department of Housing and Public Works [2013] QCATA 190
Campaigntrack Victoria Pty Ltd v The Chief Executive, Department of Justice and Attorney-General & Ors [2016] QCA 37
Cummings v Cairns and District Regional Housing Corporation Ltd [2013] QCATA 161
Edenborough v Mt Isa Properties & Auctioneers [2011] QCATA 231
Gower v Woodman Sales Pty Ltd [1988] 2 Qd R 15
King v TIC Realty (No 3) QCATA 104
Lowe v Aspley [2010] QCATA 59
Parr v Queensland Police Service [2021] QCA 216 Pickering v McArthur [2005] QCA 294
Pollard & Anor v Fitzgibbon & Anor [2019] QCATA 42 Trimble v Babet [2013] QCATA 081

Vignes v Clarke [1990] 2 Qd R 593

APPEARANCES & REPRESENTATION: This matter was heard…