J F Hartley Trust v Looper

[2012] QCATA 130

CITATION: J F Hartley Trust v Looper [2012] QCATA 130

PARTIES:	J F Hartley Trust (Applicant/Appellant)
v
Elizabeth Looper (Respondent)

APPLICATION NUMBER:            APL145-12               

MATTER TYPE: Appeals

HEARING DATE:   On the papers

HEARD AT:   Brisbane

DECISION OF: Richard Oliver, Senior Member

DELIVERED ON:   30 July 2012

DELIVERED AT:   Brisbane

ORDERS MADE:       Leave to appeal refused.

CATCHWORDS:

Residential Tenancy – where applicant dissatisfied with findings on fact – no error

Queensland Civil and Administrative Tribunal Act2009

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers, pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. After a hearing of a residential tenancy matter on 18 April 2012 a Tribunal Member ordered that the bond held by the Residential Tenancy Authority be paid out to the parties with $1,160.00 going to the applicant and $199.50 to the respondent.

1. The applicant filed an application for leave to appeal or appeal following the decision.  Leave to appeal is necessary and leave will not usually be given when the ground of appeal relates to a question of fact.

1. The applicant contends that the learned Member made a mistake with the figures in so far as it concerned rent.  The application states that “a judgment of $200 awarded to the lessor and $600 awarded to the tenant is the wrong way around”.

1. It is immediately obvious that the contention in the application and the learned Member’s decision are at odds, the tenant/respondent was not awarded $600 but only $199.50.

1. The application also contests the decision with respect of cleaning costs and repair/repainting costs.

1. These factual matters were dealt with by the Tribunal at the hearing and the application does not demonstrate how there has been any error on the part of the learned Member.  The applicant has made a decision not to file submissions in support of the appeal which might have shed some light on why it says the Tribunal made an error.

1. As no error has been demonstrated nor is any apparent leave to appeal must be refused.