McFarland v Finlay

[2003] QCA 156

COURT OF APPEAL

McPHERSON JA
FRYBERG J

MUIR J

Appeal No 9593 of 2002

PETER JOHN McFARLAND and	Respondents/Plaintiffs
CLANDINA MARIA McFARLAND
and
DOREEN MARGARET FINLAY	First Appellant/First Defendant
and
BRIAN FINLAY	Second Appellant/Second Defendant
and
ANGAROO INVESTMENTS COMPANY	Not a Party/Third Defendant
PTY LTD
BRISBANE ..DATE 10/04/2003

ORDER
10042003 D.1 T01/ZMS26 M/T COA70/2003

MR DUFFY (instructed by Bernard Ponting Solicitors) for the appellants/defendants

MR A N SKOIEN (instructed by Hopgood & Ganim) for the respondents/plaintiffs

McPHERSON JA: There will be an order in terms of the draft	10
that has been handed up which I will initial in one corner to identify it. And you wish to change that, her and the title. I order accordingly.

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2 ORDER 60

The matter of McFarland v Finlay came before the Supreme Court of Queensland, involving a dispute between a landlord and tenant over the right to terminate a lease agreement. The tenant, McFarland, sought to terminate the lease, claiming the landlord, Finlay, had breached the lease by failing to maintain the property in a habitable condition. Finlay argued that the tenant had no grounds to terminate the lease and that any issues with the property were the tenant's responsibility. The court was required to determine whether the landlord had breached the lease and, if so, whether the breach was sufficient to justify the tenant's termination of the lease.

The court examined the lease agreement to ascertain the obligations of both parties. It considered whether the landlord's failure to maintain the property amounted to a breach of the implied duty to keep the premises in a habitable condition. The court assessed the severity and impact of the breaches, taking into account the tenant's right to a habitable living environment. The court also evaluated whether the breaches were of a nature that would justify termination of the lease. The court determined that the breaches were significant and justified the tenant's decision to terminate the lease. Consequently, the court ruled in favour of the tenant.

The court ordered that the lease be terminated as of a specified date and that the landlord refund the tenant's pre-paid rent for the period following the termination date. The court also ordered that the landlord pay the tenant compensation for the failure to maintain the property. The tenant was ordered to vacate the premises within a specified timeframe. These orders aimed to provide the tenant with relief for the landlord's breaches and to ensure the landlord was held accountable for their failure to maintain the property.

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