QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Davenport v Deserio [2021] QCATA 33
PARTIES:
ANDREW DAVENPORT
(appellant)
v
MEEKEHLEH DESERIO
(respondent)
APPLICATION NO/S:
APL191-20
ORIGINATING APPLICATION NO/S:
MCDT 142/20
MATTER TYPE:
Appeals
DELIVERED ON:
11 March 2021
HEARING DATE:
19 February 2021
HEARD AT:
Brisbane
DECISION OF:
Member Hughes
ORDERS:
1. Leave to appeal granted.
2. The appeal is allowed in part.
3. The Tribunal’s findings of $1,500.00 as compensation of one-half the rent and $345.00 filing fee are set aside.
4. The Appeal Tribunal substitutes its own decision that Andrew Davenport pay to Meekehleh Deserio the sum of $2,644.00.
5. The appeal is otherwise dismissed.
CATCHWORDS:
LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEES – RENT – where tenant claimed compensation – where findings of fact about condition of property and damages awarded based on evidence adduced at hearing – where Tribunal has mandate to deal with matters fairly, quickly and economically – where Tribunal will not usually disturb findings of fact on appeal – where findings open on the evidence – where appeal is not opportunity for party to reargue their case
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – ADMISSION OF FURTHER EVIDENCE – IN GENERAL – where applicant applied for leave to appeal – where applicant sought to introduce evidence not adduced at first instance – where applicant did not explain why it did not file its material before original hearing – where evidence had little evidential weight and unlikely to affect outcome - where evidence should not be admitted
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – WHEN APPEAL LIES – ERROR OF LAW – PARTICULAR CASES INVOLVING ERROR OF LAW – DENIAL OF NATURAL JUSTICE – where amount awarded not claimed – where appellant not given opportunity to respond or present rebuttal evidence - where Tribunal failed to provide adequate reasons for decision - where failure to give adequate reasons amounted to denial of procedural fairness – where errors of law for which leave should be granted to correct substantial injustice
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 4, s 28, s 121, s 143, s 146
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 185
Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430
Bradlyn Nominees Pty Ltd v Saikovski [2012] QCATA 39
Cachia v Grech [2009] NSWCA 232
Chambers v Jobling (1986) 7 NSWLR 1
Clarke v Japan Machines (Australia) Pty Ltd [1984] 1 Qd R 404
Commissioner for Children and Young People and Child Guardian v FGC [2011] QCATA 291
Coulton v Holcombe (1986) 162 CLR 1
Creek v Raine & Horne Real Estate Mossman [2011] QCATA 226
Dearman v Dearman (1908) 7 CLR 549
Fox v Percy (2003) 214 CLR 118
Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2…
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- AGLC
- Davenport v Deserio [2021] QCATA 33
- Case
- [2021] QCATA 33
- Decision Date
CaseChat Overview and Summary
The legal issues in the appeal centred on whether the tribunal erred in its findings of fact, whether new evidence could be introduced, and if procedural fairness was upheld. The landlord argued that the tribunal failed to provide adequate reasons for its decision, which constituted a denial of natural justice, and that the tribunal's findings were not supported by the evidence. The tenant opposed the appeal, arguing that the tribunal's findings were correct and that the new evidence should not be admitted as it was not presented at the original hearing.
The appeal tribunal granted leave to appeal and allowed the appeal in part. It found that while the tribunal had the mandate to deal with matters fairly, quickly, and economically, it failed to provide adequate reasons for its decision, which amounted to a denial of procedural fairness. The tribunal also held that the new evidence should not be admitted as it had little evidential weight and was unlikely to affect the outcome. Consequently, the tribunal set aside the original decision and substituted its own decision that the landlord should pay the tenant $2,644.00. The appeal was otherwise dismissed.
The tribunal's decision highlights the importance of providing adequate reasons for decisions in administrative law, as well as the limited circumstances in which new evidence can be introduced on appeal. The case underscores the need for tribunals to ensure procedural fairness and to provide clear reasoning for their decisions.
Orders
Orders of the court
1. Leave to appeal granted.
2. The appeal is allowed in part.
3. The Tribunal’s findings of $1,500.00 as compensation of one-half the rent and $345.00 filing fee are set aside.
4. The Appeal Tribunal substitutes its own decision that Andrew Davenport pay to Meekehleh Deserio the sum of $2,644.00.
5. The appeal is otherwise dismissed.
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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