Integrity Property Management v Weaver - [2021] QCATA 141

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Integrity Property Management v Weaver [2021] QCATA 141

PARTIES:

INTEGRITY PROPERTY MANAGEMENT

(applicant/appellant)

v

REBECCA WEAVER

(respondent)

APPLICATION NO/S:

APL375-20

ORIGINATING APPLICATION NO/S:

MCDT355-20 (Richlands)

MATTER TYPE:

Appeals

DELIVERED ON:

11 November 2021

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

A/Senior Member Howe

ORDERS:

1.   Application for leave to appeal granted.

2.   The appeal is allowed in part.

3.   Order 2 of the decision made by the Tribunal on 18 November 2020 is set aside.

4.   The claim to compensation for hail damage to Ms Weaver’s motor vehicle and the hire cost of a substitute vehicle during the period of repair is returned to the Tribunal for reconsideration with the hearing of additional evidence as deemed appropriate by the Tribunal below.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where the respondent was a tenant and the appellant agent – where the tenant complained about the condition of the property – where the lessor gave notice to leave on the grounds of non-liveability – where the lessor applied to the tribunal for termination on the grounds of non-liveability which was refused – where the tenant applied for certain relief pending repairs being effected to the property and amended her claim to compensation prior to hearing – where notice of the amended claim was directed by the tribunal to be given to the appellant but notice was not given – whether the appellant was accorded procedural fairness at hearing

Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 277, s 415, s 420

Jonathan v Mangera [2016] QCA 86

Lyons v Building Services Authority & Anor [2011] QCATA 240
Pickering v McArthur [2005] QCA 294

Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented by T Mercer

Respondent:

Self-represented

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

Rebecca Weaver is a tenant under a residential tenancy agreement in respect of a property at Springwood. Integrity Property Management (‘the agents’) are the lessors’ real estate agents.
The term of the tenancy was fixed from 6 March 2020 until 7 March 2021 and thereafter it evidently continued as a periodic tenancy on the same terms and conditions.
Ms Weaver had concerns about the condition of the property, particularly the garage and bathroom ceilings, which were sagging. She complained to the agents and issued a Form 11 Notice to Remedy Breach concerning such on 3 September 2020, requiring the lessor to remedy the problems by 11 September 2020.
The agents engaged tradesmen to report and then told Ms Weaver that she should leave the property pending a report being obtained from an engineer and repairs being effected. She was told her bond would be refunded from the Residential Tenancies Authority (‘RTA’),…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Integrity Property Management v Weaver

Details

AGLC: Integrity Property Management v Weaver [2021] QCATA 141
Case: [2021] QCATA 141
Decision Date: 11 November 2021

CaseChat Overview and Summary

In the case of Integrity Property Management v Weaver, the respondent, a tenant, lodged a complaint about the condition of the property with the appellant, the property management agent. The lessor subsequently served a notice to leave on the grounds of non-liveability, and applied to the tribunal for termination on the same grounds, which was refused. The tenant then applied for relief pending repairs and amended her claim to compensation prior to the hearing. Notice of the amended claim was directed by the tribunal to be given to the appellant, but this did not occur. The appellant argued that they were not given procedural fairness at the hearing.

The legal issues in this case included whether the appellant was entitled to appeal the tribunal's decision, and whether the tribunal had erred in law by not giving the appellant notice of the amended claim, thereby denying them procedural fairness. The court needed to determine whether the appellant's right to appeal was valid, and whether the failure to provide notice of the amended claim constituted an error of law that affected the outcome of the case.

The court found that the appellant had a right to appeal the tribunal's decision, as the refusal to grant termination of the tenancy had a significant impact on their interests. The court also found that the appellant was not given procedural fairness at the hearing, as they were not given notice of the amended claim. This failure to provide notice was an error of law that affected the outcome of the case. As a result, the appeal was allowed in part, and the claim to compensation for hail damage to the tenant's motor vehicle and the hire cost of a substitute vehicle during the period of repair was returned to the tribunal for reconsideration with the hearing of additional evidence as deemed appropriate.

The orders of the court included granting leave to appeal, allowing the appeal in part, setting aside the tribunal's decision in part, and returning the claim to compensation for reconsideration with additional evidence.

Orders

Orders of the court

1. Application for leave to appeal granted.

2. The appeal is allowed in part.

3. Order 2 of the decision made by the Tribunal on 18 November 2020 is set aside.

4. The claim to compensation for hail damage to Ms Weaver’s motor vehicle and the hire cost of a substitute vehicle during the period of repair is returned to the Tribunal for reconsideration with the hearing of additional evidence as deemed appropriate by the Tribunal below.

Background

Background to the litigation

Full text does not contain this section.

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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CITATION:	Integrity Property Management v Weaver [2021] QCATA 141
PARTIES:	INTEGRITY PROPERTY MANAGEMENT
(applicant/appellant)
v
REBECCA WEAVER
(respondent)
APPLICATION NO/S:	APL375-20
ORIGINATING APPLICATION NO/S:	MCDT355-20 (Richlands)
MATTER TYPE:	Appeals
DELIVERED ON:	11 November 2021
HEARING DATE:	On the papers
HEARD AT:	Brisbane
DECISION OF:	A/Senior Member Howe
ORDERS:	1. Application for leave to appeal granted. 2. The appeal is allowed in part. 3. Order 2 of the decision made by the Tribunal on 18 November 2020 is set aside. 4. The claim to compensation for hail damage to Ms Weaver’s motor vehicle and the hire cost of a substitute vehicle during the period of repair is returned to the Tribunal for reconsideration with the hearing of additional evidence as deemed appropriate by the Tribunal below.
CATCHWORDS:	APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where the respondent was a tenant and the appellant agent – where the tenant complained about the condition of the property – where the lessor gave notice to leave on the grounds of non-liveability – where the lessor applied to the tribunal for termination on the grounds of non-liveability which was refused – where the tenant applied for certain relief pending repairs being effected to the property and amended her claim to compensation prior to hearing – where notice of the amended claim was directed by the tribunal to be given to the appellant but notice was not given – whether the appellant was accorded procedural fairness at hearing Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 277, s 415, s 420 Jonathan v Mangera [2016] QCA 86 Lyons v Building Services Authority & Anor [2011] QCATA 240 Pickering v McArthur [2005] QCA 294 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57
APPEARANCES & REPRESENTATION:
Applicant:	Self-represented by T Mercer
Respondent:	Self-represented
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)