French v Bruce

[2012] QCATA 213

CITATION: French and Anor v Bruce and Anor [2012] QCATA 213

PARTIES:	Heath French Michelle Ross (Appellants)
v
Warwick Bruce Tracey-Anne Bruce (Respondents)

APPLICATION NUMBER: APL106-12

MATTER TYPE: Appeals

HEARING DATE: 22 October 2012

HEARD AT: Brisbane

DECISION OF: Dr J R Forbes, Member

DELIVERED ON: 25 October 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1.   The application for leave to appeal is refused.

CATCHWORDS:

LANDLORD AND TENANT – ACTIONS AND CLAIMS FOR USE AND OCCUPATION – where landlords awarded compensation for damage to property – where tenants  appealed award on grounds that financial settlement had already been reached – whether financial settlement was in full and final satisfaction of the matters between the parties – whether any appellable error shown

Queensland Civil and Administrative Tribunal Act 2009, ss 3, 20, 32, 142(3)

Residential Tenancies and Rooming Accommodation Act 2008, ss 65, 66

QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41

Drew v Bundaberg Regional Council [2011] QCA 359
Robinson v Corr [2011] QCATA 302
Fox v Percy (2003) 214 CLR 118
Minister for Immigration and Citizenship v  SZMDS & Another (2010) 240 CLR 611
Young v Cesta-Incani [2007] NSWCA 229
In Re W (an infant) [1971] AC 682

Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (‘QCAT Act’).

REASONS FOR DECISION

1. On 7 March 2012 at Coolangatta, Mr Crawford, Adjudicator, awarded Mr and Mrs Bruce (the Landlords) $4,623 by way of compensation for damage to their unit at Mermaid Beach during the tenancy of French and Ross (the Tenants).  At the same time a smaller award was made against one Deaken Sande, who does not seek leave to appeal.

2. The Tenants recognise that they have no appeal as of right, and that leave to appeal is required.[1]  The relevant criteria are summarised below.

   [1]        Queensland Civil and Administrative Tribunal Act 2009, ss 142(3) (a)(i), 142(3)(b).

3. In summary, the grounds of appeal are that:

   a)    The award against them includes amounts already paid (according to a compromise);

   b)    Amounts have been awarded for certain items not noted in the relevant Exit Condition Report[2], or in a “financial settlement or insurance claim”; and

   c)    Accordingly, the award should be wholly set aside.

   [2]Issued in Form 14a, required by the Residential Tenancies and Rooming Accommodation Act 2008, ss 65 and 66.

4. The Appellants were represented at the hearing by Ms Julie French, mother of the first-named Appellant, who stated that work commitments prevented both Tenants from making the 200 km return journey from Coolangatta to Brisbane.  The Landlords undertook a 900 km return journey from Moree to Brisbane to appear in person.

Evidence and Findings

1. According to the Tenants’ representative, the Tenants during September 2011 agreed to pay the Landlords $2,960 “for the security, the lock on the door”, $2,000…