Hayward & Anor v LJ Hooker Longreach

The applicants, Hayward and another, appealed against a decision of the Magistrates Court which dismissed their application to terminate a residential tenancy agreement. The property in question was managed by LJ Hooker Longreach, the respondent. The applicants argued that they would suffer excessive hardship if the tenancy agreement was not terminated, and they sought leave to appeal the decision of the Tribunal which found otherwise. The primary legal issue before the court was whether the applicants had established grounds for excessive hardship under section 310 of the Residential Tenancies and Rooming Accommodation Act 2008. Additionally, the court needed to determine whether the Magistrate's comments about the lessor as the "innocent landlord in this matter" amounted to a breach of natural justice and reasonable bias.

The court examined the applicants' circumstances, including the redundancy of one of the applicants' positions in the Queensland Public Service, and their subsequent relocation to a new position in a different city. The court acknowledged the condition of the applicants' employment that provided for reimbursement of expenses and other costs associated with relocation. However, the court found that the applicants had not established excessive hardship as they were able to secure new employment in a different city and were not facing financial hardship as a result of the relocation. The court also determined that the Magistrate's comments did not amount to a breach of natural justice or reasonable bias. As a result, the court granted leave to appeal but dismissed the appeal and confirmed the decision of the Magistrates Court.