Kennett v Natwide Pty Ltd

Case [2016] QCATA 15


CITATION: Kennett v Natwide Pty Ltd [2016] QCATA 15
PARTIES:

Andrew Kennett
(Applicant/Appellant)

v

Natwide Pty Ltd
(Respondent)

APPLICATION NUMBER: APL335-15
MATTER TYPE: Appeals
HEARING DATE: 12 January 2016
HEARD AT: Brisbane
DECISION OF: Justice Carmody
DELIVERED ON: 22 January 2016
DELIVERED AT: Brisbane
ORDERS MADE:

THE APPEAL TRIBUNAL ORDERS THAT:

1.    Leave to appeal is refused.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – where the applicant sought leave to appeal against a decision of a Magistrate ordering the applicants to pay the respondent monies relating to an irregular termination of a tenancy– whether leave to appeal should be granted.

Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 8, 26, 27, 142, 147, sch 3
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 188

Bruce Moon v Office of State Revenue (unreported, Queensland Civil and Administrative Appeal Tribunal, APL213-15, 4 December 2015, Carmody J)
Brunskill v Sovereign Marine & General Insurance Co Ltd (1985) 62 ALR 53
Chambers v Jobling (1986) 7 NSWLR 1
Dearman v Dearman (1908) 7 CLR 549
Devries v Australian National Railways Commission (1993) 177 CLR 427
Eileen Reed v Department of Public Housing and Works (unreported, Queensland Civil and Administrative Appeal Tribunal, APL484-15, 20 November 2015, President Thomas)
Fox v Percy (2003) 214 CLR 118
Hampton Court Ltd v Crooks (1957) 97 CLR 367
Mobile Building System International Pty Ltd v Hua [2014] QCATA 336
National Australia Bank Ltd v KDS Construction Services Pty Ltd (1987) 163 CLR 668
Park v Brothers [2005] HCA 73
Port Jacks Stevedoring Pty Ltd v Salmond & Spraggon (Aust) Pty Ltd (1978) 139 CLR 231
Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1
Reihana v Beenleigh Show Society [2015] QCATA 440
Service Board of New South Wales v Osmond (1986) 159 CLR 656,
Sun Alliance Insurance Ltd v Massoud [1989] VR 8
Wollongong v Metwally (No 2) (1985) 59 ALJR 481

APPEARANCES and REPRESENTATION (if any):

APPLICANT/APPELLANT      A Kennett (self-represented)

RESPONDENT  A Ward for the first respondent

REASONS FOR DECISION

  1. This is an application for leave to appeal, filed by the applicant on 25 August 2015, against the decision of Magistrate Carroll, exercising the minor civil dispute jurisdiction of QCAT, on 24 June 2015.

  2. The respondent was a tenant under a lease agreement in a property managed by the respondent real estate agent owned by a third party residing in the Hong Kong Special Administrative Region of the People’s Republic of China.

  3. The respondent issued a Notice to Leave under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) against the applicant. The applicant has not claimed that the Notice to Leave was defective, or that the issuing of the Notice to Leave was unlawful.

  4. The applicant failed to leave in accordance with the Notice to Leave and the respondent successfully obtained a warrant of possession to eject the applicant from the premises.  The warrant of possession was executed on the premises on 2 June 2015, although the evidence indicates that…

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AGLC
Kennett v Natwide Pty Ltd [2016] QCATA 15
Case
[2016] QCATA 15
Decision Date

CaseChat Overview and Summary

The case of Kennett v Natwide Pty Ltd involved an appeal against a decision made by a Magistrate. The applicant, Kennett, sought leave to appeal against the Magistrate's order, which directed Kennett to pay the respondent, Natwide Pty Ltd, certain monies related to an irregular termination of a tenancy agreement. The central issue before the court was whether the applicant should be granted leave to appeal the Magistrate's decision. This required the court to consider the merits of the appeal and assess whether it presented a question of law of general public importance or if there were any other compelling reasons to grant leave.

The court deliberated on the criteria for granting leave to appeal, which include whether the appeal raises a question of law of general public importance, or whether there were any other special circumstances justifying the grant of leave. The court examined the nature of the tenancy termination and the regularity of the proceedings leading to the Magistrate's decision. It also considered the potential impact of the appeal on broader legal principles, as well as the specific circumstances of this case. Ultimately, the court found that the appeal did not meet the threshold for leave, as it did not present a question of law of general public importance nor did it have any other special circumstances warranting appeal.

Consequently, the appeal tribunal ordered that leave to appeal be refused. This decision reinforces the stringent criteria that must be met for leave to appeal to be granted in similar cases. The tribunal's ruling underscores the importance of the principles governing tenancy law and the procedural regularity of court proceedings.

Orders

Orders of the court

THE APPEAL TRIBUNAL ORDERS THAT:

1. Leave to appeal is refused.

Background

Background to the litigation

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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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