Cannon & Anor v Saunders

[2017] QCATA 4

CITATION:

Cannon & Anor v Saunders [2017] QCATA 4

PARTIES:

Peter Cannon
Cheryl Pearson
(Applicants)

v

John Saunders

(Respondent)

APPLICATION NUMBER:

APL353-16

MATTER TYPE:

Appeals

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Acting Senior Member Paratz

DELIVERED ON:

17 January 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    The Application for Miscellaneous Matters filed by Peter Cannon and Cheryl Saunders on 23 November 2016 is dismissed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS - PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS - APPEALS - Where an application for directions as to service, admission of fresh evidence on appeal, and production of documents, was made.

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 62(3)

Lindgren v Aaron Trigg Painting (No 3) [2011] QCATA 268
Gogolka and Anor v Queensland Building Services Authority [2012] QCAT 308
Uthmann v Ipswich City Council [1998] 1 Qd R 435

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 (Qld) (QCAT Act).

REASONS FOR DECISION

1. A decision was made in a Residential Tenancies matter by an Adjudicator in the Tribunal at Coolangatta on 28 September 2016.

2. Peter Cannon and Cheryl Pearson filed an Application for leave to appeal or appeal that decision in the Tribunal on 24 October 2016.

3. Peter Cannon and Cheryl Pearson filed an Application for Miscellaneous Matters in the Tribunal on 23 November 2016.

4. I made an Order on the Papers without reasons on 6 December 2016 dismissing the Miscellaneous Application filed on 23 November 2016. Peter Cannon and Cheryl Pearson have requested written reasons for that decision. These are the Reasons for that decision.

Discussion

1. The decision of the Adjudicator was as follows:

   (1)   The Residential Tenancy Agreement between the parties be terminated as from midnight on 31 October 2016 on the grounds of failure to leave.

   (2)   A Warrant of Possession to issue authorising a police officer to enter the premises of 16B Tomewin Street, Currumbin, Qld, 4223.

   (3)   The Warrant of Possession shall take effect on 1 November 2016 and remain in effect for 14 days, to expire on 14 November 2016.

   (4)   Entry under the warrant shall only be between the hours of 8.00am and 6.00pm.

2. A Senior Member of the Tribunal made an order on 28 October 2016 refusing an application by Peter Cannon and Cheryl Saunders for a stay of the Adjudicator’s decision.

3. The Application for Miscellaneous Matters filed on 23 November 2016 sought the following Directions:

   (1)That the parties be permitted to serve all documents, matters or things in this case, at each Parties election, by either email transmission or Registered Post.

   (2)That the parties be at liberty to rely upon fresh evidence that was not before the original decision maker.

   (3)That the Respondent provides copies of all draft/final residential tenancy/other agreements, correspondence and rent escalations, concerning the current tenants, the Applicants and foreseeable tenancies for 2017 at 16B Tomewin Street, Currumbin for the period 2006-2016, including emails…