John Charles Niall v Mangrove Housing Association

[2014] HCASL 158

JOHN CHARLES NIALL

v

MANGROVE HOUSING ASSOCIATION

[2014] HCASL 158
B20/2014

1. The applicant was the tenant, and the respondent was the landlord, under a residential tenancy agreement which was terminated on 14 November 2012, pursuant to ss 297 and 345 of the Residential Tenancies and Rooming Accommodation Act 2008 (Q) by Adjudicator Gordon in the Queensland Civil and Administrative Tribunal ("QCAT").

2. On 29 November 2012, the applicant sought leave to appeal Adjudicator Gordon's decision on the grounds that he was denied procedural fairness, that QCAT was corrupt and that QCAT lacked power to terminate the tenancy agreement as it was not a court.  

3. On 22 April 2014, the QCAT Appeals Division (Senior Member Stilgoe and Member Paratz) ("the Appeal Tribunal"), refused the applicant leave to appeal.  The Appeal Tribunal found no error in Adjudicator Gordon's decision which would justify leave to appeal.  

4. On 28 March 2014, the Court of Appeal of the Supreme Court of Queensland (McMurdo P, Gotterson and Morrison JJA) refused the applicant leave to appeal on the basis that his proposed ground of appeal had no reasonable prospects of success.  In particular, the applicant had failed to identify any aspect of the QCAT proceeding that was procedurally unfair. 

5. The applicant requires an extension of time to file his application for special leave to appeal to this Court.  The applicant's draft notice of appeal raises no question of principle.  The applicant has failed to advance any reason to doubt the correctness of the Court of Appeal's decision.  An appeal to this Court would enjoy insufficient prospects of success to warrant the grant of special leave to appeal.  Special leave should be refused.  The grant of an extension of time would accordingly be futile.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. 

S.M. Kiefel
11 September 2014 P.A. Keane