Maxted v LC Smith & Co Pty Ltd

The matter of Maxted v LC Smith & Co Pty Ltd involved a dispute concerning a breach of a residential tenancy agreement. The plaintiffs, Maxted, were tenants of the defendant, LC Smith & Co Pty Ltd. The dispute arose from the removal of a boundary fence between the plaintiffs' property and the property of Mr and Mrs Olsson, which was alleged to have breached the terms of the Tenancy Agreement. The case was heard in the Supreme Court of Queensland.

The primary legal issues the court had to address were whether the plaintiffs had indeed breached the Tenancy Agreement by authorising the removal of the boundary fence, and if so, what the appropriate remedy would be. The court also had to consider whether to exercise its discretion to order relief, despite the matter being one that could have been heard in the Small Claims Tribunal.

In resolving these issues, the court found that the plaintiffs had breached either clause 12.1 or 13.1 of the Tenancy Agreement by authorising the removal of the boundary fence. The court held that the plaintiffs were liable for damages and ordered them to pay $3,069 to the defendant. The court did not order the plaintiffs to vacate the property, nor did it declare that the defendant was entitled to terminate the tenancy. Instead, the court dismissed the defendant's application for such relief.

The court's decision, therefore, resulted in a dismissal of the plaintiffs' claim against the defendant. The court declared the breach of the Tenancy Agreement, ordered damages to be paid, and dismissed the defendant's application for an order to vacate or a declaration of entitlement to terminate the tenancy.