| CITATION: | Falzon v Talty [2014] QCATA 032 |
| PARTIES: | Mario Falzon (Appellant) |
| v | |
| Elethea Ann Talty (Respondent) |
| APPLICATION NUMBER: | APL467-13 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | 21 February 2014 |
| HEARD AT: | Brisbane |
| DECISION OF: | Dr Forbes, Member |
| DELIVERED ON: | 7 March 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. On the issue of liability for damage to property the application for leave to appeal is dismissed. 2. On the issue of the respondent Elethea Ann Talty’s expenses ($83), leave to appeal is granted, and the appeal is allowed. 3. So much of the Tribunal’s decision as relates to those expenses is set aside. 4. The orders of the Tribunal are varied to provide as follows: (a) The Residential Tenancies Authority shall pay to the respondent Elethea Ann Talty her rental bond of $333.26. (b) The applicant Mario Falzon shall pay to the respondent the sum of $64.74 within 7 days. 5. No order as to costs. |
| CATCHWORDS: | APPEALS – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY DISPUTE – damage to property on leased premises – whether liability to repair that of landlord or tenant – counterclaim for rent overpaid and expenses – whether decision that damage is fair wear and tear is in error – whether appellable error shown – whether leave to appeal on that issue should be granted – whether award of expenses to successful party made in error – whether appellable error on expenses issue shown – whether s 102 of the QCAT Act satisfied – whether, if s 102 satisfied, the expenses awarded are properly recoverable – whether leave to appeal on expenses issue should be granted Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 4, s 20, s 32, s 43, s 48, s 100, s 102 Drew v Bundaberg Regional Council [2012] QPELR 350; [2011] QCA 359, cited Fox v Percy (2003) 214 CLR 118; [2003] HCA 22, cited Goninan & Co Pty Ltd v Direct Engineering Services Pty Ltd (2007) 33 WAR 182; [2007] WASCA 10, cited Griffin v Gini [2011] QCATA 325, cited Hawkins v Pender Bros Pty Ltd [1990] 1 Qd R 135, cited In reW (an infant) [1971] AC 682, cited International Professional Services v Tritone Nominees Pty Ltd [2011] QCATA 332, cited Jong v Beevers Real Estate [2013] QCAT 90, cited Matthews v Body Corporate CTS 10524 [2012] QCATA 82 Minister for Immigration and Citizenship v SZMDS & Another (2010) 240 CLR 611; [2010] HCA 16, cited Orr v Holmes (1948) 76 CLR 632; [1948] HCA 16, cited QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41; [2008] QCA 257, cited Robinson v Corr [2011] QCATA 302, cited Secretary of State for Education and Science v Tameside Metropolitan… |
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- AGLC
- Falzon v Talty [2014] QCATA 32
- Case
- [2014] QCATA 32
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were twofold. Firstly, whether the Tribunal's decision that the damage to the property was fair wear and tear, rather than tenant-caused damage, was in error and constituted an appellable error. Secondly, whether the award of expenses to the successful party was erroneous and whether it constituted an appellable error under section 102 of the QCAT Act. If the court found that section 102 was satisfied, it needed to determine if the expenses awarded were properly recoverable.
The court dismissed the application for leave to appeal regarding the liability for the damage to the property, concluding that no appellable error was evident in the Tribunal’s decision on this matter. However, regarding the respondent's expenses, the court granted leave to appeal and allowed the appeal. The court found that the Tribunal's decision concerning the expenses was incorrect. Consequently, the court set aside the portion of the Tribunal's decision related to those expenses and varied the orders accordingly. The Tribunal's orders were revised to require the Residential Tenancies Authority to pay Talty her rental bond, while Falzon was required to pay Talty a specific sum within seven days. The court made no order as to costs.
The final orders were that Falzon's application for leave to appeal on the liability for property damage was dismissed. Conversely, Talty's appeal on the issue of her expenses was granted, and the Tribunal's decision on those expenses was set aside. The Tribunal's orders were varied to ensure that Talty's rental bond was paid by the Residential Tenancies Authority, and Falzon paid Talty a specific sum within seven days. No costs were ordered.
Orders
Orders of the court
1. On the issue of liability for damage to property the application for leave to appeal is dismissed.
2. On the issue of the respondent Elethea Ann Talty’s expenses ($83), leave to appeal is granted, and the appeal is allowed.
3. So much of the Tribunal’s decision as relates to those expenses is set aside.
4. The orders of the Tribunal are varied to provide as follows:
(a) The Residential Tenancies Authority shall pay to the respondent Elethea Ann Talty her rental bond of $333.26.
(b) The applicant Mario Falzon shall pay to the respondent the sum of $64.74 within 7 days.
5. No order as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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