Burness v Richardson and Wrench

QUEENSLAND CIVIL AND

ADMINISTRATIVE TRIBUNAL

CITATION:

Burness v Richardson and Wrench & Ors [2020] QCATA 149

PARTIES:

STUART LEE BURNESS

(applicant/appellant)

v

RICHARDSON AND WRENCH, TERRY SAUNDERS AND BEVERLEY SAUNDERS

(respondent)

APPLICATION NO/S:

APL110-20

ORIGINATING APPLICATION NO/S:

Caboolture MCDT0200/20

MATTER TYPE:

Appeals

DELIVERED ON:

6 October 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Dr J R Forbes, Member

ORDERS:

The application for leave to appeal is dismissed.

CATCHWORDS:

APPEAL – APPLICATION FOR LEAVE TO APPEAL – residential tenancy dispute – where notice to remedy default in payment of rent - where dispute as to quantum of arrears - where tenant evicted on ground of failure to leave – where tenant seeks to add a defence not raised at trial or in application for leave to appeal – where lessor seeks to adduce fresh evidence – where latter application unnecessary – where no reasonably appellable error demonstrated – where nature and limitations of application for leave considered – where application for leave dismissed

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 2, s 3, s 32, s 142

Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 293, s 325, s 350 s 351

Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175

Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Coulton v Holcombe (1986) 162 CLR 1
Davison v Vickery’s Motors Ltd (in liq) (1925) 37 CLR 1
Devon v Capital Finance Australia Limited [2014] VSCA 73
Devries v Australian National Railways Commission (1993) 177 CLR 472
Fox v Percy (2003) 214 CLR 118
House v The King (1936) 55 CLR 499
Pappas v Meiklejohn’s Accountants [2017] QCATA 60
PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48
R v Vaughan [2011] QCA 234
Robinson v Corr [2011] QCATA 302
Suttor v Gundowda Pty Ltd (1950) 81 CLR 418
The Pot Man Pty Ltd v Reaoch [2011] QCATA 318

Water Board v Moustakas (1988) 180 CLR 491

APPEARANCES & REPRESENTATION: 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. The proposed appellant[1] Stuart Lee Burness (`Burness’) leased residential premises at Caboolture (`the premises’) in January 2020. At the material times the landlords were Terry and Beverley Saunders, whose managing agent was Richardson and Wrench, Caboolture (`the agent’).

   [1]Leave to appeal is required: QCAT Act s 142(3).

2. On 28 January 2020 a tenancy agreement (`the lease’) in Form 18a of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (`the Act’) was executed by the parties for a term commencing on that date and ending on 28 April 2020.

3. The lease contains a common form clause authorising the agent to sue and to be sued on behalf of the landlords[2], but in this instance the latter have elected to be co-parties with the agent.[3] From now on, for convenience, I shall refer to those three parties as `R & W’.

   [2]Lease clause 43(2).