Page v Jobbins - [2016] QCATA 147

CITATION:

Page v Jobbins [2016] QCATA 147

PARTIES:	Christopher Page (Applicant/Appellant)
v
Kenneth Russell Jobbins (Respondent)

APPLICATION NUMBER:

APL147-16

MATTER TYPE:

Appeals

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Stilgoe OAM

DELIVERED ON:

6 October 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

1. Leave to appeal granted.

2. Appeal allowed.

3. The decision of 6 April 2016 set aside and the following order substituted: That Christopher Page pay Kenneth Jobbins $13,605.00 within 21 days of today’s order.

4. If Christopher Page has paid Kenneth Jobbins the full amount of $16,836.58, or more than $13,605.00, I order that Kenneth Jobbins refund the difference to Christopher Page within 21 days of the date of order.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COMMENCING PROCEDINGS – CHOICE OF ORIGINATING PROCESS - where claim filed as residential tenancy dispute – where claim in fact a commercial tenancy dispute – where tribunal dealt with claim as minor debt dispute – whether tribunal should have heard the claim

APPEAL – LEAVE TO APPEAL – PROCEDURE – STATE AND TERRITORY COURTS: JURISDICTION , POWERS AND GENERALLY - JURISDICTION – where claim filed as residential tenancy dispute – where claim in fact a commercial tenancy dispute – where tribunal dealt with claim as minor debt dispute – where tribunal ordered payment of damages for breach of contract – whether tribunal had jurisdiction to make orders – whether grounds for leave to appeal

Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 12(4)(a), 62(1), 100, 102(1), 142(3)(a)(i)
Queensland Civil and Administrative Tribunal Rules 2009 (Qld) rr 43(1), 83(1), 83(2)
Residential Tenancies and Rooming Accommodation Act 2008 (Qld) ss 358, 359, 415(5)(o), 415(5)(p)

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Chambers v Jobling (1986) 7 NSWLR 1
Clarke v Japan Machines (Australia) Pty Ltd [1984] 1 Qd R 404
Dearman v Dearman (1908) 7 CLR 549
Fox v Percy (2003) 214 CLR 118
Pickering v McArthur [2005] QCA 294

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

Christopher Page rented a workshop from Kenneth Jobbins. Mr Jobbins had Mr Page sign a general tenancy agreement under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (‘RTRA Act’) to record the terms of their agreement.
Mr Jobbins believed that Mr Page was in arears of rent. He therefore filed a claim in the tribunal for recovery of the arrears. The tribunal ordered Mr Page pay Mr Jobbins.
Mr Page wants to appeal that decision. Because this is an appeal from a decision of the tribunal in its minor civil disputes jurisdiction, leave is necessary.[1] Leave to appeal will usually be granted where there is a reasonable argument that the decision is attended by error, and an appeal is necessary to correct a substantial injustice to the applicant caused by that…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2016] QCATA 147
Decision Date: 6 October 2016

CaseChat Overview and Summary

The appeal before the Court of Appeal involved Christopher Page, the appellant, and Kenneth Jobbins, the respondent. The dispute originated from a tenancy agreement between the parties, which was filed as a residential tenancy dispute in the Civil and Administrative Tribunal (CAT). However, it was later determined that the tenancy was, in fact, a commercial one. The CAT treated the matter as a minor debt dispute and ordered Page to pay Jobbins damages for breach of contract. The Court of Appeal was tasked with determining whether the CAT had jurisdiction to hear the case as a minor debt dispute and if there were grounds for leave to appeal.

The central legal issues addressed by the court were whether the CAT had the jurisdiction to hear the case as a minor debt dispute, and if there were grounds for leave to appeal. The court had to consider the nature of the tenancy agreement and the appropriate classification of the dispute, as well as the tribunal's jurisdiction and powers in handling the case. The court also needed to assess whether the circumstances warranted granting leave to appeal and if the appeal had a reasonable chance of success.

The Court of Appeal found that the CAT did not have jurisdiction to hear the case as a minor debt dispute, as the tenancy agreement was a commercial one and should have been treated as such. The court held that the CAT's decision was erroneous and that the case should have been dealt with under the appropriate jurisdiction for commercial tenancy disputes. Furthermore, the court granted leave to appeal, finding that there were grounds for doing so. The appeal was successful, and the decision of 6 April 2016 was set aside. The court substituted the original order with a new one, requiring Page to pay Jobbins $13,605.00 within 21 days of the order, with a refund to be made if Page had already paid more than the required amount.

In summary, the Court of Appeal granted leave to appeal and allowed the appeal, setting aside the previous decision of the CAT. The court found that the CAT did not have jurisdiction to hear the case as a minor debt dispute and that there were grounds for leave to appeal. The new order required Page to pay Jobbins $13,605.00 within 21 days of the order, with a refund to be made if Page had already paid more than the required amount.

Orders

Orders of the court

1. Leave to appeal granted.

2. Appeal allowed.

3. The decision of 6 April 2016 set aside and the following order substituted: That Christopher Page pay Kenneth Jobbins $13,605.00 within 21 days of today’s order.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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