Maksymiuk v Savage

[2015] QCA 177

SUPREME COURT OF QUEENSLAND

CITATION:

Maksymiuk v Savage [2015] QCA 177

PARTIES:

RICHARD MAKSYMIUK
(applicant)
v
WARREN SAVAGE
(respondent)

FILE NO/S:

Appeal No 2431 of 2015
QCATA No 367 of 2014

DIVISION:

Court of Appeal

PROCEEDING:

Application for Leave Queensland Civil and Administrative Tribunal Act

ORIGINATING COURT:

Queensland Civil and Administrative Tribunal at Brisbane – [2015] QCATA 5

DELIVERED ON:

25 September 2015

DELIVERED AT:

Brisbane

HEARING DATE:

28 May 2015

JUDGE:

Margaret McMurdo P and North and Henry JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   Application for leave to appeal refused.

2.   Applicant to pay the respondent’s costs of the application to be assessed.

CATCHWORDS:

RESIDENTIAL TENANCIES – NOTICE TO LEAVE FROM LESSOR’S AGENT TO TENANT – WHETHER RETALIATORY – Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 291
PROCEDURE – INFERIOR COURTS – QUEENSLAND – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the applicant’s tenancy was terminated by the respondent by way of a notice – where the applicant filed an application challenging the notice – where the adjudicator dismissed the application – where the applicant sought leave to appeal to the Appeal Tribunal of QCAT but did not appear – where in this Court the applicant sought leave to appeal against the Appeal Tribunal’s refusal decision – whether there were reasonable prospects of success

Administrative Appeals Tribunal Act 1975 (Cth), s 44
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 142(3), s 150
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 291

Bamfield v Zanfan Pty Ltd t/a Main Street Realty Caloundra [2010] QCATA 1, considered
Du Preez v Linda’s Homes Pty Ltd [2010] QCATA 2, cited
Federal Commissioner of Taxation v Crown Insurance Services Ltd (2012) 207 FCR 247; [2012] FCAFC 153, cited
Federal Commissioner of Taxation v Trail Bros Steel & Plastics Pty Ltd (2010) 186 FCR 410; [2010] FCAFC 94, applied
Niall v Mangrove Housing Association Inc[2014] QCA 58, distinguished
Pickering v McArthur [2005] QCA 294, cited
Rana v Repatriation Commission (2011) 126 ALD 1; [2011] FCAFC 124, cited
Roads Corporation v Dacakis [1995] 2 VR 508; [1995] VicRp 70, cited
Smith v Ash [2011] 2 Qd R 175; [2010] QCA 112, considered
TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175; [1988] FCA 119, cited
Underwood v Queensland Department of Communities (State of Queensland) [2013] 1 Qd R 252; [2012] QCA 158, considered

COUNSEL:

The applicant appeared on his own behalf
J J Sheridan for the respondent

SOLICITORS:

The applicant appeared on his own behalf
All About Law for the respondent

1. MARGARET McMURDO P:  I agree with North J’s reasons for refusing this application for leave to appeal with costs.

2. NORTH J:  The Il Centro Apartment Hotel is situated at 26-30 Sheridan Street, Cairns opposite the Supreme Court complex in Cairns.  The applicant occupies a unit…