QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION: | Du v INA Operations Pty Ltd No.2 [2024] QCATA 17 | ||
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APPLICATION NO/S: | APL027-24 | ||
ORIGINATING APPLICATION NO/S: | MCD Q5358-23 | ||
MATTER TYPE: | Appeals | ||
DECISION MADE ON: | 8 February 2024 | ||
REASONS DELIVERED ON: | 19 February 2024 | ||
HEARD AT: | Brisbane | ||
DECISION OF: | Member Lember | ||
ORDERS: | The application to stay a decision (correction decision dated 7 February 2024) is refused. | ||
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 correct the address of a property on a decision to terminate a tenancy – where correction decision made during the currency of an application for leave to appeal or appeal – where a decision refusing to stay the termination decision predated the correction decision Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 293, s350 Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 3, s 32, s 58, s 134, s 145, sch 3 Australian Securities and Investments Commission v Jorgensen [2009] QCA 20 Cachia v Grech [2009] NSWCA 232 Simonova v Department of Housing and Public Works [2018] QCA 60 | ||
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REASONS FOR DECISION
What is this application about?
Xi Du (‘Du’) seeks leave to appeal a decision made by the Tribunal below on 18 January 2024 to end their tenancy of site T09 at the Brisbane North Rental Village, operated by INA Operations Pty Ltd (‘INA’) (the ‘termination decision’).[1]
[1]Application for leave to appeal or appeal filed 23 January 2024.
Pending an outcome in that application, Du sought to stay the termination decision by an application that I refused on 1 February 2024.
On 7 February 2024, the Tribunal below corrected the termination decision by amending the property address referred to therein (the ‘correction decision’).
On 8 February 2024 I refused an application by Du to stay the correction decision for the reasons that follow.
Factual background
By an application in a minor civil dispute – residential tenancies dispute filed on 20 November 2023 INA applied to the Tribunal to terminate Du’s tenancy on the grounds of failure to leave under section 293 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (‘RTRAA’) and for a warrant of possession under section 350(1) of the RTRAA.
All…
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- Case
- [2024] QCATA 17
- Decision Date
CaseChat Overview and Summary
The court examined the general principles concerning the grant or refusal of a stay of proceedings. The appellant argued that the correction decision, which was made after the original decision to terminate the tenancy, warranted a stay of the proceedings. However, the court noted that the refusal of a stay predated the correction decision, which meant the appellant's application for a stay was not timely. The court also considered whether the correction decision had any bearing on the merits of the appeal or if it constituted an intervening change that warranted a stay.
The Queensland Court of Appeal held that the principles of staying proceedings in such cases required the court to balance the interests of justice against the potential for unnecessary delay. Given that the refusal to stay the termination decision had already been made and the appellant's application for leave to appeal was not yet determined, the court found no grounds to interfere with the earlier decision. The court concluded that the correction of the address did not warrant a stay, as it did not affect the fundamental fairness of the original decision. Therefore, the application to stay the correction decision was refused.
Orders
Orders of the court
The application to stay a decision (correction decision dated 7 February 2024) is 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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