QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Eleven Property v Zheng [2025] QCATA 65
PARTIES:
ELEVEN PROPERTY (applicant/appellant)
v
YUANHUI ZHENG (respondent)
APPLICATION NO/S:
APL368-24
ORIGINATING APPLICATION NO/S:
Q694-24 Brisbane
MATTER TYPE:
Appeals
DELIVERED ON:
15 July 2025
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Member Howe
ORDERS:
1. Leave to appeal granted.
2. Appeal allowed.
3. The order made by the Adjudicator on 4 November 2024 is set aside.
4. In lieu the following Orders are substituted:
(a) Eleven Property pay the sum of $1,590 to Yuanhui Zheng within 7 days of receipt of this Order;
(b) Save that if Eleven Property has complied with the Order of the Tribunal made 19 December 2024 and already paid the sum of $1,480 to Yuanhui Zheng, Eleven Property only pay the balance of $110 within 7 days of receipt of this Order.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where the respondent tenant occupied a unit which suffered water damage caused by leaks from the unit above – where the appellant agents issued notice to leave on the dual bases of non-livability and significant repairs and renovations necessary – where the tenant vacated – where the tenant claimed compensation – where the claim was heard in minor civil dispute proceedings – where the Adjudicator erred in accepting the tenant was entitled to claim for compensation without establishing breach of contract – where the notice to leave on the grounds of significant repairs and renovations necessary was defective – where the tenant handed over vacant possession by the specified date on the notice to leave – where the tenancy terminated in accordance with the ground for termination provided in s 277(b) – where the residential tenancies agreement terminated on the basis of frustration – where no compensation was payable by either party – where the lessor made voluntary payment to the tenant
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 147
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 284, s 305, s 420
Meyer v Anor v Murchie & Anor [2020] QCATA 175
Parr v Queensland Police Service [2021] QCA 216 Pickering v McArthur [2005] QCA 294
APPEARANCES & REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)
Applicant:
Self-represented by T Green
Respondent:
Self-represented
REASONS FOR DECISION
The respondent tenant, Ms Zheng, leased a residential unit in a unit complex from Mr Green, the lessor, through the applicant/appellant real estate agents.
The tenancy was from 18 July 2023 to 18 July 2024. The rent was $595 per week.
On 10 August 2023 Ms Zheng noticed a water leak in her kitchen. It did not stop and she contacted the respondent and the lessor and informed them of the leak the following day, a Friday.
A plumber could not attend until the following Monday, but did…
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- Case
- [2025] QCATA 65
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case were whether the Adjudicator had correctly applied the law in granting compensation to Zheng, and whether the notice to leave issued by Eleven Property was defective. Furthermore, the court had to determine whether Zheng's tenancy had terminated due to frustration, and if so, whether compensation was payable by either party. The appeal hinged on the interpretation of the Residential Tenancies Act and the specific terms of the residential tenancies agreement between the parties.
The Tribunal found that the Adjudicator had erred by accepting Zheng's entitlement to compensation without establishing a breach of contract by Eleven Property. The notice to leave issued by Eleven Property was deemed defective as it did not comply with the statutory requirements. Moreover, the Tribunal held that the tenancy had terminated due to frustration, and thus, no compensation was payable by either party. However, the Tribunal also noted that Eleven Property had made a voluntary payment to Zheng. Consequently, the Tribunal ordered that Eleven Property pay the sum of $1,590 to Zheng, with a reduced amount if Eleven Property had already complied with a prior Tribunal order.
The Tribunal granted leave to appeal, allowed the appeal, set aside the Adjudicator's order, and substituted new orders in its place. These orders mandated that Eleven Property pay $1,590 to Zheng, with a reduction to $110 if a previous payment of $1,480 had already been made.
Orders
Orders of the court
1. Leave to appeal granted.
2. Appeal allowed.
3. The order made by the Adjudicator on 4 November 2024 is set aside.
4. In lieu the following Orders are substituted:
(a) Eleven Property pay the sum of $1,590 to Yuanhui Zheng within 7 days of receipt of this Order;
(b) Save that if Eleven Property has complied with the Order of the Tribunal made 19 December 2024 and already paid the sum of $1,480 to Yuanhui Zheng, Eleven Property only pay the balance of $110 within 7 days of receipt of this Order.
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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