Ku v East & East (No 2)

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Ku & Anor v East & East (No 2) [2024] QCATA 49

PARTIES:

YU-HSIUNG KU

(first applicant)

And

DANNY TSAI
(second applicant)

v

LOUISE EAST 

(first respondent)

And

NINA EAST
(second respondent)

APPLICATION NO/S:

APL299-23

ORIGINATING APPLICATION NO/S:

MCDT2065/22 (Brisbane)   

MATTER TYPE:

Appeals

DELIVERED ON:

12 April 2024

HEARD AT:

Brisbane

DECISION OF:

Member Lember

ORDERS:

1.     Leave to appeal is granted.

2.     Appeal allowed.

3.     The decision made in MCDT2065/22 on 14 September 2022 is set aside and the application remitted to the Tribunal’s minor civil dispute jurisdiction for rehearing before a differently constituted Tribunal.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where applicants applied for leave to appeal – where compensation order made exceeded amount claimed – where neither party understood how the claim increased - – where non urgent tenancy compensation matter heard as an urgent matter – where no Residential Tenancy Authority dispute resolution procedures completed – where tribunal lacked jurisdiction to hear the matter and to make the orders sought – leave to appeal granted and appeal allowed

Residential Tenancies and Rooming Accommodation Act 2008 Qld s 94, s 191, s 415, s 416, s 417, s 420, s 429

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 32, s 143

Bauer v McMillan & Anor [2013] QCATA 140

Cachia v Grech [2009] NSWCA 232
Duncan v Friend [2023] QCATA 63
Define Property Agents v Sanderson [2021] QCATA 129
Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388
McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577
Penfold v Firkin & Balvius [2023] QCATA 11
QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

What is this application about?

1. The Easts rented a dual occupancy tenancy (home and granny flat) from Ms Ku. From the outset of the tenancy and throughout its duration, neither premise was maintained by Ms Ku in good repair.

2. Towards, but before the end their two-year tenancy[1] the Easts, by an application filed 18 August 2022 (MCDT2065/22), sought compensation in the sum of $6,000, an order for the return of their bond ($3,000) and relief from payment of outstanding water invoices ($850). The application relied upon section 191 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (‘RTRAA’) as grounds for the relief sought, which provides as follows:[2]

   [1]The tenancy had become periodic, and the tenants had been given notice to leave at the time of the hearing.

   [2]At the time the matter was before the Tribunal the relevant version of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) was…