QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Hessey-Tenny & Anor v Jones [2020] QCATA 9
PARTIES: RICHARD HESSEY-TENNY (first applicant/appellant)
and
SADIE HESSEY-TENNY (second applicant/appellant)
v
HEATH JONES (respondent)
APPLICATION NO/S:
APL094-18
ORIGINATING APPLICATION NO/S:
Maroochydore MCDT339/17
MATTER TYPE:
Appeals
DELIVERED ON:
31 January 2020
HEARING DATE:
23 August 2019
HEARD AT:
Brisbane
DECISION OF:
Justice Daubney, President
ORDERS: 1. Leave to appeal is granted.
2. The appeal is allowed in respect of Ground 1(b) so far as it relates to the laundry repair, cabinet rapid and water pump replacement.
3. The appeal is allowed in respect of Ground 5(b) so far as it relates to the refilling of the water tank.
4. The decision of the Tribunal dated 4 April 2018 is amended by deleting the sum of $6,615.50 and inserting in lieu thereof the sum of $3,208.00.
5. The respondent must refund the sum of $3,407.50 to the appellants.
6. The appeal is otherwise dismissed.
CATCHWORDS: LANDLORD AND TENANT – TERMINATION OF THE TENANCY – BY NOTICE TO QUIT – NOTICE BY TENANT TO LANDLORD – where the applicants were the tenants of a property – where the respondent was the landlord of the property – where the applicants issued a notice to remedy breach – where the property had alleged unresolved sewage issues, non-functioning toilets and other ongoing faults – where the applicants issued a notice of intention to vacate the property – where the applicants and respondent sought to agree to terminate the tenancy and not make further claims – where the applicants applied to the Queensland Civil and Administrative Tribunal (‘QCAT’) seeking orders under ss 94, 185, 419 and 420 of the Residential Tenancies and Rooming Accommodation Act 2008 (‘RTRAA’) – where the respondent filed a counter-application – where the applicants’ application was dismissed and the respondent’s counter-application was partially allowed – where the applicants applied for leave to appeal the decision of the Tribunal to the Appeal Tribunal of QCAT – whether the Tribunal erred in holding that s 416 of the RTRAA was satisfied – whether the respondent’s claims were out of time – whether the Tribunal erred in fact regarding the applicants’ liability for a pump failure and septic tank misuse – whether the Tribunal erred in fact regarding the existence of a mutual termination agreement
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – WHEN APPEAL LIES – ERROR OF LAW – PARTICULAR CASES INVOLVING ERROR OF LAW – DENIAL OF NATURAL JUSTICE – where the applicants allege they were not given a proper opportunity to understand or respond to a maintenance report prior to the commencement of the tenancy – where the maintenance report was subsequently provided to the Tribunal and the applicants at the hearing – whether the lack of opportunity to understand or respond to the report prior to the commencement of the tenancy constitutes a denial of natural justice and procedural fairness
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – WHEN APPEAL LIES – ERROR…
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- Case
- [2020] QCATA 9
- Decision Date
CaseChat Overview and Summary
The appeal raised several issues, including whether the Tribunal erred in its interpretation of section 416 of the RTRAA, whether the landlord’s claims were out of time, and whether the Tribunal erred in fact regarding the applicants’ liability for a pump failure and septic tank misuse. Additionally, the applicants argued that the Tribunal erred in fact regarding the existence of a mutual termination agreement. The applicants also contended that the Tribunal denied them natural justice and procedural fairness by not providing them with a maintenance report prior to the commencement of the tenancy and by not providing them with copies of a phone conversation transcript and subsequent emails despite their requests.
The Appeal Tribunal allowed the appeal in part, finding that the Tribunal had erred in its factual findings regarding the laundry repair, cabinet rapid, water pump replacement, and the refilling of the water tank. Consequently, the sum awarded to the landlord was reduced, and the landlord was ordered to refund a portion of the amount to the applicants. The Tribunal held that the applicants had not been denied natural justice or procedural fairness, and there was no apprehension of bias on the part of the Tribunal Member. The appeal was otherwise dismissed.
The final orders of the Appeal Tribunal were that leave to appeal was granted, the appeal was allowed in respect of certain factual errors, the Tribunal’s decision was amended to reflect the corrected sum owed, and the landlord was ordered to refund a portion of the amount to the applicants. The appeal was dismissed in all other respects.
Orders
Orders of the court
1. Leave to appeal is granted.
2. The appeal is allowed in respect of Ground 1(b) so far as it relates to the laundry repair, cabinet rapid and water pump replacement.
3. The appeal is allowed in respect of Ground 5(b) so far as it relates to the refilling of the water tank.
4. The decision of the Tribunal dated 4 April 2018 is amended by deleting the sum of $6,615.50 and inserting in lieu thereof the sum of $3,208.00.
5. The respondent must refund the sum of $3,407.50 to the appellants.
6. The appeal is otherwise dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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