GN v JT Real Estate

[2020] QCATA 45

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

GN v JT Real Estate & Anor [2020] QCATA 45

PARTIES:

GN

(applicant/appellant)

v

JT REAL ESTATE

(first respondent)

KD

(second respondent)

APPLICATION NO/S:

APL156-19

ORIGINATING APPLICATION NO/S:

MCDT000

MATTER TYPE:

Appeals

DELIVERED ON:

14 April 2020

HEARING DATE:

4 March 2020

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

Application for leave to appeal refused.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – where husband and wife were tenants of residential premises – where the relationship broke down – where police applied for domestic violence orders against the appellant wife – where the appellant and the second respondent each filed separate applications in the Tribunal for termination of the tenancy on the grounds of excessive hardship – where the appellant was found to have extensive property interests – where the appellant failed to provide adequate evidence of financial impecuniosity – where material filed in domestic violence Magistrates Court proceedings were tendered in the Tribunal – where the Adjudicator relied upon the material – whether the material was inadmissible

Domestic and Family Violence Protection Act 2012 (Qld), s 159, s 160

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 164(1)

Pickering v McArthur [2005] QCA 294

APPEARANCES & REPRESENTATION:
Applicant:	Self-represented
First Respondent:	Self-represented by SK
Second Respondent:	Self-represented

REASONS FOR DECISION

1. The appellant (‘GN’) and the second respondent (‘KD’) were married. On 18 July 2018 they entered into a residential tenancy agreement as tenants of a house in a Brisbane suburb (‘the property’). The first respondent (‘JT’) was the agent acting for the lessor.

2. The relationship between GN and KD failed towards the end of 2018. There was an incident on 28 November 2018 to which police were called. As a result GN left and went to Sydney. KD stayed at the property with the two children of the marriage.

3. GN returned to the property but subsequently the relationship ended conclusively around 7 February 2019 with the husband, KD, leaving the property. After that he returned intermittently to wash clothes and to shower.

4. The relationship between GN and KD became very acrimonious. The police applied for a domestic violence order on behalf of KD as the aggrieved party against GN as the respondent.

5. On 13 March 2019 a domestic violence order was made in the Magistrates Court against GN pursuant to the police application. What also seems to have occurred on that same day, but it is unclear why, is that the Magistrates Court made a domestic violence order against KD requiring him to stay away from the property.

6. GN remained at the property until 23 April 2019 when she handed back the keys. The tenancy was not due to expire until July 2019. She moved to another property in Brisbane.

7. KD made an application to the Tribunal to terminate his tenancy of the property which he filed on 15 April 2019.

8. GN then made a separate application filed 16 April 2019 to terminate the…