Harcourts Rental Management Solutions v Vio

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Harcourts Rental Management Solutions & Anor v Vio & Anor [2020] QCATA 56

PARTIES:

HARCOURTS RENTAL MANAGEMENT SOLUTIONS

(first applicant\appellant)

CHRISTINA LOWE

(second applicant\appellant)

v

CAROLINA VIO

(first respondent)

PATRICK CARMON

(second respondent)

APPLICATION NO/S:

APL206-19

ORIGINATING APPLICATION NO/S:

MCDT140/19 (Pine Rivers)

MATTER TYPE:

Appeals

DELIVERED ON:

23 April 2020

HEARING DATE:

6 March 2020

HEARD AT:

Brisbane

DECISION OF:

Member Richard Oliver

ORDERS:

Application for leave to appeal is refused.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – INTERLOCUTORY APPLICATION – APPLICATION FOR AND EXTENSION OF TIME – where applicant failed to attend the original hearing of the residential tenancy dispute – where  application for leave to appeal or appeal sought a re-heating – whether grounds for leave to appeal – whether the primary decision was open on the evidence before the  of the original decision maker – where no error of law identified – where no grounds to grant leave to appeal.

Queensland Civil and Administrative Tribunal Act 142(3)(a)(i)

Terera & Anor v Clifford [2017] QCA 181;

Pickering v McArthur [2005] QCA 294, [3].

Bradlyn Nominees Pty Ltd v Saikovski [2012] QCATA 39.

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. On 23 April 2019 Harcourts Rental Management Solutions (the Applicant) filed an Application for a Minor Civil Dispute – Residential Tenancy Dispute in the Tribunal claiming a total of $2,293.61 from the respondents who were the tenants of premises at North Lakes in Brisbane. There was a rental bond of $2,340 lodged with the Residential Tenancy Authority. In the application, the applicant set out the particulars of the claim being:

   •       Carpet cleaning - $100;

   •       Rent arrears - $500

   •       Flyscreen replacement - $176

   •       Gardening - $280

   •       Plumbing repairs - $121

2. The basis for the rental arrears claim was particularised in the application as follows:

   Upon being issued a Notice to Leave expiring 13 January 2019, the tenant failed to vacate the home. The lessor kindly gave an additional weeks extension however the tenants again did not vacate. Upon submitting an application to QCAT, the tenants vacated on 25.02.2019 just prior to the QCAT hearing being held. The tenant paid up to including 07.02.2019 however ceased all payments from then.

3. The application came on for hearing in the Tribunal on 30 July 2019 but the applicant failed to attend the hearing. The learned Adjudicator satisfied herself from the file that Notice of Hearing had been given the applicant notice and then proceeded to hear the application.

4. The respondents were represented by Ms Vio in person who then put forward the respondents’ position with respect to the claims made by the applicant. She made concessions about monies claimed in the application which included the cost of replacement of flyscreens, gardening and water charges totalling $722.95.

5. During the course of the hearing, Ms Vio was expressly…