Finegan v Mann

[2018] QCATA 32

CITATION:

Finegan v Mann [2018] QCATA 32

PARTIES:

Gary Finegan
(Appellant)

v

Julianna Mann

(Respondent)

APPLICATION NUMBER:

APL124-17

MATTER TYPE:

Appeals

HEARING DATE:

3 October 2017

HEARD AT:

Brisbane

DECISION OF:

Member Howe

DELIVERED ON:

8 March 2018

DELIVERED AT:

Brisbane

ORDERS MADE:

Leave to Appeal refused

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE –  QUEENSLAND – WHEN NO APPEAL LIES – evidence – incorrect citing of statutory provisions in application – technical objection

LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR TENANTS – RENTAL BONDS OR SECURITY DEPOSITS – where resident seeking bond – denial of receipt by provider

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3(b), s 4(c)
Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 116, s 188,
s 430

Hockley V Sowden [2000] QCA 9
Pickering v McArthur [2005] QCA 294
Sand & Surf Design Pty Ltd v Surrey & Anor [2014] QCATA 225

APPEARANCES:

APPLICANT:

Self-represented

RESPONDENT:

Paty Soto represented the respondent

REASONS FOR DECISION

1. Julianna Mann took up accommodation at premises in Sunnybank owned by the appellant on 14 September 2014.  She signed a standard form residential tenancies agreement dated 22 February 2016.  That residential tenancies agreement also nominated two other tenants who also signed the document.  Mr Finegan was named as lessor in the agreement.  There was a bond of $1,640 stipulated to be paid under the tenancy agreement.

2. Though the document signed was a residential tenancies agreement, in proceedings before the learned Adjudicator below Ms Mann submitted that the arrangement was in fact a rooming accommodation agreement rather than a residential tenancy one.  She said everybody there were rooming accommodation residents rather than co-tenants.  There were house rules.  Ms Mann said she had answered an advertisement advertising one room for rent.  Ms Mann said all the so-called tenants there had paid bonds but some had no evidence of that, including Ms Mann.

3. Ms Mann says Mr Finegan was away when she initially took up residence.  She paid a bond of $560 to a person named Pedro who appeared to be acting on behalf of the lessor as a handyman.  She says she asked for a receipt but he said he would get back to her about that.  She says she never got a receipt, either from Pedro or Mr Finegan.

4. When she decided to leave she asked for her bond back.  Ms Mann said in her application to the Tribunal below that Mr Finegan claimed the money as his.  Mr Finegan said at hearing he refused because she had never given a bond.  There was no bond paid into the Residential Tenancies Authority (RTA) fund as required by the legislation.

5. Ms Mann says she paid Mr Finegan, or Pedro, two weeks rent of $280 and a bond of $560.

6. Ms Mann brought proceedings in the Tribunal seeking return of her bond.  The matter came before a learned Adjudicator who ordered Mr Finegan to pay Ms Mann the bond amount of $560 and…