Hassard v McInnes

[2016] QCATA 21

CITATION: Hassard v McInnes  [2016] QCATA 21

PARTIES:	DAVID HASSARD (Applicant/Appellant)
v
TAMMIE McINNES (Respondent)

APPLICATION NUMBER: APL305-15

MATTER TYPE: Appeals

HEARING DATE: 22 September 2015

HEARD AT: Brisbane

DECISION OF: Justice Carmody

DELIVERED ON: 2 February 2016

DELIVERED AT: Brisbane

ORDERS MADE:

THE TRIBUNAL ORDERS THAT:

1.    Leave to appeal granted.

2.    Appeal allowed.

3.    The decision and orders of the original decision-maker, dated 14 May 2015, in MCD127-15 are set aside.

4.    MCD127-15 is remitted to be reconsidered by a differently constituted Tribunal.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL  – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCIES – PERIODIC LEASE – UNLAWFUL TERMINATION  – COMPENSATION – where the applicant and respondent entered into a period lease agreement for the respondent to lease certain premises co-owned by the applicant – where the applicant received information prior to the respondent assuming possession of the premises adverse to the respondent – where the applicant refused to allow the respondent to assume possession of the premises – where the respondent was required to obtain alternative accommodation at a higher rent than the accommodation offered by the applicant – where the respondent filed proceedings in the Magistrates Court at Maroochydore, exercising the original jurisdiction of QCAT, seeking compensation for losses incurred as a result of the wrongful termination of the lease agreement by the applicant – where the Magistrate granted compensation to the respondent for the full amount of rent incurred within a nine week period following the date on which the respondent would have assumed possession of the accommodation – where the respondent appeared to have been placed in a better position than she would have been but for the breach of the period lease agreement by the applicant – where the Magistrate appeared to miscalculate the number of weeks in respect of which compensation should have been awarded – whether the Magistrate committed an error of law in failing to apply appropriate restitutionary principles to the calculation of compensation – whether the Magistrate committed an error law, or a mixed error of law and fact, in incorrectly calculating the notice period – whether the Magistrate denied the applicant procedural fairness by failing to provide a fulsome oral hearing – whether the leave to appeal should be granted and the appeal allowed. 

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 3, 4, 20, 142, 146, 147
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 182, 291, 421

Albrecht v Ainsworth & Ors [2015] QCA 220
Commonwealth v Amann Aviation Pty Ltd [1992] 174 CLR 64
Ericson and Queensland Building and Construction Commission [2014] QCA 297
Ericson v Queensland Building Services Authority [2013] QCA 391
I&L Securities v HTW Valuers [2002] HCA 41
Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597
Pivovarova v. Michelsen [2015] QCATA 73
R (West) v Parole Board [2005] 1 WLR 350
Scholefield v High Surf Resorts Pty Ltd t/as Beachcomber Surfers Paradise [2014] QCAT 233
State of Queensland v Tapim [2015] QCATA 71