Maksymiuk v Savage

In the case of Maksymiuk v Savage, the applicant, Maksymiuk, sought to challenge the termination of their residential tenancy by the respondent, Savage. Maksymiuk argued that the notice to leave provided by Savage's agent was retaliatory and hence invalid. The dispute was adjudicated in the Queensland Civil and Administrative Tribunal (QCAT) and ultimately in the Queensland Court of Appeal.

The central legal issue before the court was whether the notice to leave was retaliatory, in which case it would be invalid under section 291 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). This section specifically prohibits a lessor or their agent from issuing a notice to leave if the motive for the notice is to retaliate against the tenant for exercising a right or performing an obligation under the Act. The court was required to assess the evidence presented to determine if the notice was indeed retaliatory.

The court examined the evidence and found no basis to conclude that the notice to leave was retaliatory. It held that the applicant had not demonstrated that the notice was issued for any retaliatory motive, and thus the notice was valid. Consequently, the application for leave to appeal against the Appeal Tribunal’s refusal decision was dismissed. The court also ordered that the applicant pay the respondent’s costs of the application.