Gyemore v Department of Housing and Public Works

The case of Gyemore v Department of Housing and Public Works involved the tenant, Gyemore, challenging the decision of the Department to terminate their tenancy due to three strikes under the Housing policy. The dispute was heard in the Supreme Court of Queensland. The tenant argued that they were denied natural justice because they were not provided with evidence supporting the strikes until the hearing, despite not denying the behaviour that led to the strikes. The court was required to determine whether this denial constituted a breach of natural justice and whether there were grounds for leave to appeal.

The court examined the issue of whether the tenant's right to natural justice was violated by the delayed provision of evidence. The court noted that the tenant had not denied the behaviour that resulted in the strikes, which meant the evidence was not pivotal to the outcome. Furthermore, the court considered the Department's policy and procedure, finding that the tenant's right to a fair hearing was not compromised as they were given an opportunity to respond to the allegations. The court held that the denial of natural justice did not provide grounds for leave to appeal.

Consequently, the court ruled that there were no grounds for leave to appeal. The court determined that the tenant's right to a fair hearing was not breached, as the evidence was not essential given the tenant's admission of the behaviour. The appeal was dismissed, and the decision of the lower court was upheld. The court did not grant leave to appeal, and the tenant's application was dismissed with no order for costs.