Mackie v Rowell
[2015] QCATA 169
•24 December 2015
| CITATION: | Mackie v Rowell [2015] QCATA 169 |
| PARTIES: | Vanessa Mackie (Applicant/Appellant) |
| v | |
| Peter Rowell (Respondent) |
| APPLICATION NUMBER: | APL432 -15 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member Stilgoe OAM |
| DELIVERED ON: | 24 December 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Due to non-compliance of directions dated 4 November 2015 and the Affidavit of Peter Rowell dated 21 November 2015, Vanessa Mackie’s application to stay the Minor Civil Dispute decision is revoked. 2. The Warrant of Possession issued on 14 October 2015 is re-instated to take effect on 30 November 2015 and remain in effect for 14 days, to expire at 6:00pm on 14 December 2015. 3. The warrant be executed as soon as reasonably practicable after taking effect. 4. Entry under the Warrant shall only be between the hours of 8:00am and 6:00pm. 5. Vanessa Mackie must inform the Tribunal as to whether she wishes to proceed with the application for leave to appeal or appeal, by: 4:00PM ON 1 DECEMBER 2015 6. If Vanessa Mackie does not comply with direction 5 above, the application for leave to appeal or appeal may be dismissed. |
| CATCHWORDS: | APPEAL – LEAVE TO APPEAL - MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY – where termination ordered – where warrant of possession issued – where application to stay warrant – where stay granted on conditions – where non-compliance with conditions |
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 (Qld) (QCAT Act).
REASONS FOR DECISION
Peter Rowell and Vanessa Mackie were in a relationship. When the relationship broke down, Ms Mackie stayed in Mr Rowell’s house. She did not pay rent.
Mr Rowell applied to the tribunal for a termination of Ms Mackie’s tenancy. The tribunal ordered accordingly. Ms Mackie appealed that order and applied for a stay of the warrant of possession. On 4 November 2015, I granted the stay with conditions. One of the conditions was that Ms Mackie pay Mr Rowell a weekly rent of $300. I further ordered that, if Ms Mackie failed to pay two consecutive rent payments, and Mr Rowell filed an affidavit to that effect, the stay would be revoked.
Mr Rowell did file an affidavit stating that Ms Mackie had not paid rent for two consecutive weeks. Accordingly, I revoked the stay and reinstated the warrant of possession.
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