Doctor v Umpi Korumba ATSIC for housing

[2013] QCAT 72

CITATION: Doctor v Umpi Korumba ATSIC for housing [2013] QCAT 72

PARTIES:	Jennifer Doctor (Applicant)
v
Umpi Korumba ATSIC for housing (Respondent)

APPLICATION NUMBER: MCDT1936-12

MATTER TYPE: Residential tenancy matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Jim Allen, Member

DELIVERED ON: 30 January 2013

DELIVERED AT: Brisbane

ORDERS MADE:

1.   The order of the Tribunal made on 14 December 2012 is vacated.

2.   Umpi Korumba ATSIC for housing pay Ms Jennifer Doctor the amount of $5,094.60 as compensation for breach of a lease on or before 14 February 2013.

CATCHWORDS:

Minor Civil Dispute – Residential Tenancy –breach of covenant to keep in good repair –compensation – contravening of Tribunal order – Correcting Tribunal Mistake

Queensland Civil and Administrative Tribunal Act 2009, s 135

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.

REASONS FOR DECISION

1. The Tribunal made its decision in respect of the original application on 14 December 2012. Umpi Korumba ATSIC for housing has now applied under s 135 of the QCAT Act for the Tribunal to correct its decision due to an arithmetic error. The Tribunal may correct a decision made by it in a proceeding if among other things the decision contains a clerical mistake.

2. Ms Doctor was given an opportunity to make submissions and she indicated that she did not wish to make any submissions.

3. In this case the mistake relates to the calculation of the number of days between various dates.  Umpi Korumba ATSIC for housing has no dispute with the dates only the days between those dates to be used in calculating the compensation to be paid to Ms Doctor which were overstated in the original decision.  The Tribunal accepts that this is a clerical error and will correct it as follows:

   a)    The correct amount of compensation is $5,094.60 calculated as follows:

   i)Difference in rent from 13 March 2012 to 17 May 2012:-

   $90.00/7 days = $12.85

   $12.85 x 66 days = $848.10

   Difference in rent from 18 May to 31 October 2012   

   $95.00/7 days = $13.57

   $13.57 x 167 days = $2,266.19

   ii)Storages fees from 13 March 2012 to 31 October 2012:-

   $187.00/30 days = $6.23

   $6.23 x 233 days = $1,451.59

   iii)Mail re-direction from 13 March 2012 to 30 September 2012:-

   $28.00/90 days 202/90 = 2.24 rounded

   $28.00 x 2.24 = $62.72

   iv)Water rates from 13 March 2012 to 31 October 2012:-

   $180.00/90 days = $2.00

   $2.00 X 233 Days = $466.00

4. An extra fourteen (14) days will also be given for the payment of the compensation.  In all other respects the original decision of the Tribunal is confirmed.