Kousek v Oliver and Ozer
[2014] QCAT 178
•11 February 2014
| CITATION: | Kousek v Oliver & Ozer [2014] QCAT 178 |
| PARTIES: | Rachel Kousek (Applicant) |
| v | |
| Brent Oliver (First Respondent) Zara Ozer (Second Respondent) |
| APPLICATION NUMBER: | MCD43/14 |
| MATTER TYPE: | Residential tenancy matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Coolangatta |
| DECISION OF: | Adjudicator Trueman |
| DELIVERED ON: | 11 February 2014 |
| DELIVERED AT: | Coolangatta |
| ORDERS MADE: | 1. The application for production of documents directed to Queensland Police is refused. 2. The application for a non publication order is refused. |
| CATCHWORDS: | Application for production of Police reports and notes – application for non publication order of witnesses – suppression order due to safety concerns – decision on the papers – reasons for decisions Queensland Civil and Administrative Tribunal Act 2009 s 28, s 66 |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
The claim filed by the Applicant, Ms Kousek, is listed for hearing on 4 March 2014. The application relates to an urgent residential tenancy matter seeking orders for termination and a warrant of possession.
Ms Kousek filed two applications on 7 February 2014 seeking orders relating to, firstly a Notice requiring the Queensland Police to provide all ‘dates and times of Police visits to Unit 3, 56 Coolangatta Road in Coolangatta from 2 December 2013 to date’. The application sought details on the nature of each call out by police and a request for copies of all police reports relating to the property. The second application sought a non publication order for suppression of the names and personal information of all witnesses.
Ms Kousek did not provide any evidence as to why she required a copy of Police notes and reports for the Coolangatta Road Property and any evidence as to the reasons why witnesses required the suppression of their names and personal information. She states non publication order for the witnesses is required due to ‘safety concerns’.
The respondents are tenants of a property owned by Ms Kousek at 56 Coolangatta Road and subject to a fixed term lease agreement that commenced on 2 December 2013.
The claim before the tribunal relates to an application for termination for failure to leave. It appears from the file that the reason for termination is due to the tenant breaching their lease agreement by failing to pay their rent. A Form 11 Notice to remedy breach for rental arrears appears to have been served on the tenants on 17 January 2014. The evidence on the file suggests that failure to remedy a breach of rental arrears as the reason for a Form 12 Notice to Leave being served on the tenants on 28 January 2014.
While the file contains some evidence that the tenants may be engaging in objectionable behaviour and conduct in breach of Body Corporate By-Laws, the evidence suggests the tenants are not being evicted for such behaviour and conduct.
In the circumstances and on the evidence it appears that the police reports and notes would not be of assistance to the tribunal for the hearing of a matter involving rental arrears, and that, further, that witnesses would not be required to give evidence relating to such matters. There is no evidence as to why any witnesses would have safety concerns if they gave evidence in any event. There is insufficient evidence that that would warrant making orders therefore for the suppression of witnesses’ names and personal details.
Whilst the Tribunal has an obligation to ensure, so far as practicable, that all relevant material is disclosed to the Tribunal to enable it to decide the proceeding with all the relevant factors[1], the Tribunal also has an obligation to ensure proceedings are conducted in an informal way that minimises cost to the parties, and is as quick as is consistent with achieving justice.[2]
[1]Queensland Civil and Administrative Tribunal Act 2009 s 28(3)(e).
[2]Ibid s 28(4).
In this instance I do not consider that the evidence sought to be produced by Ms Kousek through the Police notes and reports is necessary to assist the tribunal. The dates and times police may have attended the property is irrelevant to the issue of rent arrears.
The tribunal may make non-publication orders prohibiting the publication of any evidence given by witnesses before the tribunal[3], and any information that might identify that witness.[4] In such circumstances the tribunal must be satisfied that the non-publication order is necessary.[5]
[3]Ibid s 66(1)(b).
[4]Ibid s 66(1)(c).
[5]Ibid s 66(2).
In the circumstances I find it is not necessary for the Tribunal to make orders to suppress the names of any witnesses at the hearing of this matter.
For those reasons the Applications are refused.
ORDERS:
1. The application for production of documents directed to Queensland Police is refused.
2. The application for a non publication order is refused.
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