Harris v Regional Housing Limited

[2014] QCATA 119

CITATION: Harris v Regional Housing Limited [2014] QCATA 119

PARTIES:	Tanya Maree Harris (Applicant/Appellant)
v
Regional Housing Limited (Respondent)

APPLICATION NUMBER: APL401 -13

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Justice Thomas, President

DELIVERED ON: 30 April 2014

DELIVERED AT: Brisbane

ORDER MADE: The application for leave to appeal is refused.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – MINOR CIVIL DISPUTE – whether grounds for leave to appeal

Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 32, 142(3)(a)(i)

Pickering v McArthur [2005] QCA 294, applied

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 (Qld) (QCAT Act).

REASONS FOR DECISION

1. In 2012, Regional Housing Limited provided Mr and Ms Harris with emergency accommodation. The term of the agreement was three months. At the end of the tenancy period, Regional Housing Limited gave a notice to leave. Mr and Ms Harris did not leave, so the company filed an application for termination. A Magistrate, sitting as an ordinary member of the tribunal, ordered a termination of the tenancy agreement and issued a warrant of possession. The learned Magistrate also observed that, when he made the order, Mr and Ms Harris’ rent was in arrears.

2. Ms Harris wants to appeal that decision.  Her only grounds of appeal seem to be that the family cannot find alternative housing and that she has a serious medical condition which makes it difficult for her to relocate.

3. Because this is an appeal from a decision of the tribunal in its minor civil disputes jurisdiction, leave is necessary.[1] The principles the appeals tribunal applies when considering an application for leave to appeal are as summarised by Keane JA (as His Honour then was) in Pickering v McArthur:

   There are numerous authorities, in varying language but with unvarying emphasis, that leave to appeal will usually be granted where there is a reasonable argument that the decision is attended by error, and an appeal is necessary to correct a substantial injustice to the applicant caused by that error.[2]

   [1]QCAT Act, s 142(3)(a)(i).

   [2][2005] QCA 294 at [3].

1. Mr and Ms Harris have not pointed to any error by the learned Magistrate. They overstayed their short term tenancy. Regional Housing Limited issued the appropriate notice and the learned Magistrate, as he was entitled to do, ordered that the tenancy be terminated. The learned Magistrate’s decision is supported by the evidence, and I can find no reason to come to a different view.

1. There is no question of general importance that should be determined by the appeals tribunal. Nor is there a reasonably arguable case that the learned Adjudicator was in error. There is no reasonable prospect of substantive relief on appeal.

1. The application for leave to appeal is refused.