QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION: | Du v INA Operations Pty Ltd [2024] QCATA 33 | ||
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APPLICATION NO/S: | APL027-24 | ||
ORIGINATING APPLICATION NO/S: | MCD Q5358-23 | ||
MATTER TYPE: | Appeals | ||
DECISION MADE ON: | 1 February 2024 | ||
REASONS DELIVERED ON: | 14 March 2024 | ||
HEARD AT: | Brisbane | ||
DECISION OF: | Member Lember | ||
ORDERS: | IT IS THE DECISION OF THE APPEAL TRIBUNAL THAT: 1. The application to stay a decision filed on 23 January 2024 is refused. 2. The interim order made 24 January 2024 is vacated. 3. The warrant of possession that took effect on 31 January 2024 and remains in effect until 14 February 2024 may be executed. THE APPEAL TRIBUNAL DIRECTS THAT: 1. Noting that as an outcome of the application for leave to appeal, and, if successful, the appeal the Appeal Tribunal cannot return possession of the site to the tenant. To that end, Xi Du must file in the Tribunal one (1) copy and give to the other party one (1) copy of: (a) A notice of withdrawal of the application for leave to appeal or appeal; or (b) Written advice that they intend to proceed with the application for leave to appeal or appeal; by: 4:00pm on 11 March 2024. 2. If Xi Du fails to comply with direction 1 above, without reasonable excuse, the application for leave to appeal or appeal may be dismissed without further notice to the parties. The Appeal Tribunal will issue further directions after 11 March 2024. | ||
CATCHWORDS: | APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where a stay is sought of a decision made in the minor civil dispute jurisdiction to terminate a tenancy – whether to stay the decision to terminate the tenancy pending the outcome of the application for leave to appeal or appeal Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 281, s 293, s 325, s 326, s 328, s350, schedule 1 Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 32, s 47, s 58, s 145, Schedule 3 Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 |
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- AGLC
- Du v Ina Operations Pty Ltd [2024] QCATA 33
- Case
- [2024] QCATA 33
- Decision Date
CaseChat Overview and Summary
The legal issues before the Appeal Tribunal included the principles governing the grant or refusal of a stay of proceedings in the context of a decision made in the minor civil dispute jurisdiction, particularly in relation to a tenancy termination decision. The Tribunal also needed to consider the implications of a potential appeal on the execution of a warrant of possession and the consequences of the stay on the rights of both parties.
The Appeal Tribunal considered the general principles of staying proceedings and the specific circumstances of the case. It found that the tenant had not demonstrated sufficient grounds for a stay, particularly given the imminent execution of a warrant of possession. The Tribunal held that the tenant's application for leave to appeal or appeal could proceed without affecting the tenant's obligation to vacate the premises. As a result, the application for a stay was refused, and the interim order was vacated. The warrant of possession that had taken effect and was set to remain in effect was permitted to be executed. The Tribunal also directed the tenant to provide notice regarding the status of the appeal application by a specified date.
The Appeal Tribunal concluded with specific orders that the application to stay the decision was refused, the interim order was vacated, and the warrant of possession could be executed. Furthermore, the Tribunal directed the tenant to provide notice of the status of the appeal application by a set date, with a warning that failure to comply without reasonable excuse could result in the dismissal of the appeal application.
Orders
Orders of the court
IT IS THE DECISION OF THE APPEAL TRIBUNAL THAT:
1. The application to stay a decision filed on 23 January 2024 is refused.
2. The interim order made 24 January 2024 is vacated.
3. The warrant of possession that took effect on 31 January 2024 and remains in effect until 14 February 2024 may be executed.
THE APPEAL TRIBUNAL DIRECTS THAT:
1. Noting that as an outcome of the application for leave to appeal, and, if successful, the appeal the Appeal Tribunal cannot return possession of the site to the tenant. To that end, Xi Du must file in the Tribunal one (1) copy and give to the other party one (1) copy of:
(a) A notice of withdrawal of the application for leave to appeal or appeal; or
(b) Written advice that they intend to proceed with the application for leave to appeal or appeal; by:
4:00pm on 11 March 2024.
2. If Xi Du fails to comply with direction 1 above, without reasonable excuse, the application for leave to appeal or appeal may be dismissed without further notice to the parties. The Appeal Tribunal will issue further directions after 11 March 2024.
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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