Image Property v Eastment

CITATION:

Image Property v Eastment & Anor [2017] QCAT 137

PARTIES:

Image Property
(Applicant)

v

Andre Eastment
Kevin Eastment

(Respondents)

APPLICATION NUMBER:

MCDT517-17

MATTER TYPE:

Residential tenancy matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Bertelsen

DELIVERED ON:

5 May 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   The respondent’s reopening application is refused.

2.   The residential tenancy agreement between the parties be terminated as from midnight on 17 May 2017 on the grounds of objectionable behaviour.

3.   A warrant of possession is to issue authorising a police officer to enter the premises at 9/1 St Pauls Terrace, Springhill QLD 4000.

4.   The warrant shall take effect on 18 May 2017 and remain in effect for 14 days to expire at 6:00pm on 31 May 2017.

5.   The warrant to be executed as soon as reasonably practical after taking effect.

6.   Entry under the warrant shall only be between the hours of 8:00am and 6:00pm.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Procedure – reopening - adjudicator decision to make termination order in the absence of the respondent –respondents’ application to reopen proceedings – whether there was reasonable excuse for non-attendance

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 138

Breezeway Developments Pty Ltd v ADG Hydraulics Pty Ltd [2010] QCATA 69

APPEARANCES:

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. On 23 February 2017, Image Property filed an application seeking termination of Andre and Kevin Eastment’s tenancy of premises 9/1 St Pauls Terrace, Spring Hill. The application came before the Tribunal on 3 April 2017. The applicant, Image Property, appeared and sought a warrant of possession. The respondents, Andre and Kevin Eastment, did not appear. A termination order was made.

2. On 10 April 2017, Andre Eastment filed an application to reopen the initiating application. The next day, he filed an application to stay the Tribunal’s decision of 3 April 2017. On 11 April 2017, the Tribunal granted an interim order suspending the operation of the termination order and the warrant of possession until further other.

3. Section 138 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act) states that if a party has a reasonable excuse for non-attendance at hearing, then the application can be reopened and heard afresh.

4. In his application to reopen, Andre Eastment apologised for not attending the hearing. He said he had given authority for a Mr Peter Murphy from Tenants Queensland to represent him at hearing. He said he ‘forwarded all of the material relating to the above the application to his office’. He said, after ringing Mr Murphy’s office the week prior to the hearing, he was advised that Mr Murphy was on holidays and was to return the morning of the hearing; that he was then advised that Mr Murphy had been called away to Rockhampton due to…