QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION: | Hobson v Grant [2025] QCATA 63 | ||
PARTIES: |
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APPLICATION NO/S: | APL139-24 | ||
ORIGINATING APPLICATION NO/S: | MCDQ1596-24 (Brisbane) | ||
MATTER TYPE: | Appeals | ||
DECISION DELIVERED ON: | 2 July 2025 | ||
HEARD AT: | Brisbane | ||
DECISION OF: | Senior Member Lember | ||
ORDERS: | IT IS THE DECISION OF THE APPEAL TRIBUNAL THAT: 1. The application by the applicant for leave to rely on fresh evidence is refused. 2. Leave to appeal is granted. 3. The appeal is allowed. 4. The decision in MCD Q1596-24 made 19 April 2024 (including the warrant of possession issued pursuant to it) is set aside. 5. The application in MCD Q1596-24 is returned to the minor civil dispute jurisdiction for rehearing before a differently constituted Tribunal, with the following directions: (a) Evidence filed in APL193-24 will be copied by the Registry and filed as evidence in MCD Q1596-24. (b) Each party must file in the Tribunal and give to the other party of: (i) Any further evidence (documents) that they wish to rely on in the final hearing for application MCD Q1596-24, by 4pm on 6 August 2025. (ii) Any response evidence to the evidence filed by the other party and given to them per the above direction, by 4pm on 27 August 2025. (c) The application in MCD Q1596-24 will be listed for a final hearing on a date to be fixed after 31 August 2025. (d) Parties should be prepared in the hearing to address the Tribunal on the question of whether the respondent is a tenant of the applicant and, if it is found that she is not, whether the Tribunal’s discretion to issue a warrant should be exercised. (e) Each party is granted leave to be legally represented in the proceeding. Support persons for a party are also permitted to attend the hearing. (f) If de facto property settlement proceedings concerning the residential premises the subject of the application have commenced, the Tribunal must be notified of the commencement of those proceedings by the later of 4pm on 20 August 2025, or if they are commenced after that date but before the hearing, the earlier of within 2 business days of the commencement of the proceedings and at the hearing. 6. Nothing in these orders prevent the MCD applicant withdrawing the application if circumstances have changed due to the passage of time such that orders for a warrant of possession are no longer sought. | ||
CATCHWORDS: | APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where warrant issued upon finding that there was no tenancy agreement in place – where former de facto partner of applicant for warrant found to be occupying property without consent – where domestic and family violence orders ousted the owner from the property – where tribunal found no de facto relationship between parties - where tenancy legislation not properly considered – where inadequate reasons given for findings – where… |
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- AGLC
- Hobson v Grant [2025] QCATA 63
- Case
- [2025] QCATA 63
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
IT IS THE DECISION OF THE APPEAL TRIBUNAL THAT:
1. The application by the applicant for leave to rely on fresh evidence is refused.
2. Leave to appeal is granted.
3. The appeal is allowed.
4. The decision in MCD Q1596-24 made 19 April 2024 (including the warrant of possession issued pursuant to it) is set aside.
5. The application in MCD Q1596-24 is returned to the minor civil dispute jurisdiction for rehearing before a differently constituted Tribunal, with the following directions:
(a) Evidence filed in APL193-24 will be copied by the Registry and filed as evidence in MCD Q1596-24.
(b) Each party must file in the Tribunal and give to the other party of:
(i) Any further evidence (documents) that they wish to rely on in the final hearing for application MCD Q1596-24, by 4pm on 6 August 2025.
(ii) Any response evidence to the evidence filed by the other party and given to them per the above direction, by 4pm on 27 August 2025.
(c) The application in MCD Q1596-24 will be listed for a final hearing on a date to be fixed after 31 August 2025.
(d) Parties should be prepared in the hearing to address the Tribunal on the question of whether the respondent is a tenant of the applicant and, if it is found that she is not, whether the Tribunal’s discretion to issue a warrant should be exercised.
(e) Each party is granted leave to be legally represented in the proceeding. Support persons for a party are also permitted to attend the hearing.
(f) If de facto property settlement proceedings concerning the residential premises the subject of the application have commenced, the Tribunal must be notified of the commencement of those proceedings by the later of 4pm on 20 August 2025, or if they are commenced after that date but before the hearing, the earlier of within 2 business days of the commencement of the proceedings and at the hearing.
6. Nothing in these orders prevent the MCD applicant withdrawing the application if circumstances have changed due to the passage of time such that orders for a warrant of possession are no longer sought.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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