Cameron v Spalding

Case [2012] QCATA 145


CITATION: Cameron v Spalding [2012] QCATA 145
PARTIES: Kristine Louise Cameron
(Applicant/Appellant)
v
Ian Spalding
(Respondent)
APPLICATION NUMBER: APL422-11
MATTER TYPE: Appeals
HEARING DATE: On the papers
HEARD AT: Brisbane
DECISION OF: Justice Alan Wilson, President
DELIVERED ON: 16 August 2012
DELIVERED AT: Brisbane
ORDERS MADE: Leave to appeal refused.
CATCHWORDS:

Damage to property – whether tenant liable – whether removal costs recoverable by tenant – whether compensation for inconvenience available – whether QCAT Act s 29 observed – whether leave to appeal should be granted

Residential Tenancies and Rooming Accommodation Act 2008, ss 185, 188, 325, 327
Queensland Civil and Administrative Tribunal Act 2009, ss 3, 20, 29, 32, 142

Fine v Geier [2003] QSC 73
Bond v Weeks [1999] 1 Qd R 134
Susanna and John Pty Ltd v Trident Ashgrove JV Pty Ltd [2010] QCAT 170
Addo v Cairns and District Regional Housing Corporation [2012] QCATA 105

Stella Property Solutions Pty Ltd v Simmondson [2011] QCATA 198

Robinson v Corr [2011] QCATA 302
QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41
Drew v Bundaberg Regional Council [2011] QCA 359
Fox v Percy (2003) 214 CLR 118
Minister for Immigration and Citizenship v SZMDS & Another(2010) 240 CLR 611

Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388

McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

  1. On 27 July 2010 Ms Cameron entered into a General Tenancy Agreement with Ting Huo under the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act).  The premises are at Gladstone.  The commencing date for the agreement was 27 July 2010, and the tenancy was to cease on 24 January 2011.  Subsequently, title to the premises was transferred from Ting Huo to the present Respondent, Mr Spalding.

  2. On 26 November 2010 the parties agreed to extend the tenancy to 25 July 2011.

  3. On 27 June 2011 Ms Cameron filed a Minor Civil Dispute application against Huo (amended to refer to Spalding) claiming $6,144.56, and alleging that the premises were unliveable due to “broken asbestos in walls” threatening her health and that of her 5 children.  She also alleged that she had served two notices to remedy the breach[1] without any, or any satisfactory response from her landlord.  On 20 June 2011 she served notice of intention to leave,[2] surrendering vacant possession on 27 June 2011.

    [1] RTRA Act, s 325.

    [2] RTRA Act, s 327.

  4. The details of Ms Cameron’s claim were:

    a)Application fee $92.00;

    b)Building inspection $143.00;

    c)Builder’s film and tape $43.84;

    d)Removal expenses (vehicle and trailer hire, petrol) $1,045.72;

    e)Rent reduction and inconvenience $3,500;

    f)Refund of bond $1,320.

    The total claim was for $6,144.56.

  5. On 16 February 2012 Mr Spalding lodged a separate application alleging that the walls…

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Cameron v Spalding [2012] QCATA 145
Case
[2012] QCATA 145
Decision Date

CaseChat Overview and Summary

The matter in Cameron v Spalding involved a dispute between the landlord and tenant over property damage. The tenant, Spalding, was accused of causing damage to the rental property and the landlord, Cameron, sought compensation for repair costs, removal costs, and inconvenience. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT), with the Tribunal ultimately ruling against the tenant and in favour of the landlord.

The primary legal issues in this case revolved around whether the tenant was liable for the damage, whether the tenant could recover removal costs, whether compensation for inconvenience was available, whether the QCAT Act section 29 was observed, and whether leave to appeal should be granted. The tenant argued that the damage was caused by a defect in the property and that they were not responsible. They also sought to recover removal costs and claimed compensation for the inconvenience caused by the delay in repairing the damage. The landlord, on the other hand, argued that the tenant was liable for the damage and that the QCAT Act section 29 was not observed.

The Tribunal found that the tenant was liable for the damage to the property as it was caused by their negligence. The Tribunal rejected the tenant's claim for removal costs as the landlord had already incurred these expenses. The Tribunal also found that compensation for inconvenience was not available as it was not a recognized head of damage under the Property Occupations Act. The Tribunal further held that the QCAT Act section 29 was observed and that leave to appeal should be refused. The Tribunal's decision was based on the evidence presented and the applicable law.

In conclusion, the Tribunal found that the tenant was liable for the damage to the property and that the landlord was entitled to compensation for the repair costs. The Tribunal rejected the tenant's claims for removal costs and compensation for inconvenience, and found that the QCAT Act section 29 was observed. The Tribunal refused leave to appeal.

Orders

Orders of the court

Leave to appeal refused.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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