Kda v Rong He as trustee

The applicant, Kda, filed applications against Rong He as trustee for compensation and rent relief. These applications were dismissed by the Magistrates Court of Queensland. Kda appealed the dismissal, claiming that she was denied procedural fairness because she was not given an opportunity to be heard before the dismissal. The appeal was heard by the Queensland Civil and Administrative Tribunal (QCAT).

The central legal issues in the appeal were whether the applicant was denied procedural fairness by the dismissal of her applications and if the disadvantage caused by the applicant's late service of material could have been cured by an adjournment. The court also considered whether the exercise of the tribunal's discretion to dismiss miscarried due to an error of law.

The tribunal found that the dismissal of the applications was not an error of law and that the applicant was given a reasonable opportunity to be heard. However, the tribunal also found that the disadvantage caused by the applicant's late service of material could have been cured by an adjournment. The tribunal concluded that the exercise of the tribunal's discretion to dismiss miscarried due to this error. The appeal was allowed, and the applications were remitted to the tribunal for a new hearing.

The orders of the tribunal were that leave to appeal was granted, and the applications were remitted to the minor civil disputes jurisdiction of the tribunal for hearing. The applications were to be listed for a two-hour hearing at the Southport Magistrates Court. The respondent was at liberty to attend the hearing in person or remotely by telephone or video conference. The applicant and respondent were required to exchange their current email addresses with the tribunal and any further material they intended to rely on at the hearing of the applications. The hearing of the applications would be limited to the material already filed by the parties and any further material filed in accordance with the tribunal's direction.