QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Palmer v Madrone Pty Ltd [2025] QCATA 56
PARTIES:
ROSS LESLIE PALMER (applicant/appellant)
v
MADRONE PTY LTD ACN 637 343 723 (respondent)
ORIGINATING APPLICATION NO/S:
APL277-24
MATTER TYPE:
Appeals
DELIVERED ON:
4 June 2025
HEARING DATE:
14 May 2025
DECISION OF:
Member Roney KC
ORDERS:
THE APPLICATION FOR LEAVE TO APPEAL IS DISMISSED.
IT IS THE DECISION OF THE APPEAL TRIBUNAL THAT:
1. The application to stay a decision filed on 10 September 2024 is refused.
2. The interim order for a stay in paragraph 2 of the directions made on 16 October 2024 is vacated.
3. The Warrant of Possession made on 19 August 2024 is re-issued to take effect on the date of these reasons.
4. The Warrant of Possession shall remain in effect for 30 days to expire at 6:00pm from the date of these reasons.
5. The Warrant of Possession is to be executed as soon as reasonably practicable after taking effect.
6. Entry under the warrant shall only be between the hours of 8:00am and 6:00pm.
CATCHWORDS:
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where a stay is sought of a decision made in the minor civil dispute jurisdiction to terminate or treat as terminate a residential tenancy because the term of the tenancy has expired – where tenant makes an unspecified claim to an interest in the property owned by a family trust in which he is a discretionary beneficiary and seeks leave to appeal the decision – where parties previously before the Supreme Court in longstanding proceedings – whether application to terminate or orders for a Warrant of Possession ought to be stayed or the application for leave to appeal and appeal ought be stayed – whether to stay the decision to terminate the tenancy pending the outcome of the application for leave to appeal or appeal
LEAVE TO APPEAL – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCIES JURISDICTION – where notice to leave issued – where tenant refused to leave – where tenant argued existence of unarticulated claims that may entitle him to remain in possession – whether tenant should be given opportunity to pursue those claims in court of competent jurisdiction
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PARTIES AND REPRESENTATION – GENERALLY– where the applicant is impecunious and without legal representation- whether denial of natural justice or inherent unfairness and injustice resulting from lack of legal representation – whether the application for leave to appeal should be allowed
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 291, s 293, s 297, s 350
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 32, s 58, s 61, s 142, s 146
Fleger v Joubert [2024] QCATA 13
King v King [2010] QCATA 84
King v King & Ors [2012] QCA 39 [2012] 2 Qd R 448
APPEARANCES &…
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- AGLC
- Palmer v Madrone Pty Ltd [2025] QCATA 56
- Case
- [2025] QCATA 56
- Decision Date
CaseChat Overview and Summary
The court had to decide whether to grant a stay of the decision to terminate the tenancy and the Warrant of Possession, given Palmer's unspecified claims that may entitle him to remain in possession. The court also had to determine whether Palmer's lack of legal representation and financial resources amounted to a denial of natural justice or inherent unfairness, justifying the grant of leave to appeal. Further, the court had to consider whether to allow the appeal and stay the Warrant of Possession pending the appeal's outcome.
The court dismissed the application for leave to appeal and refused the stay application. The court held that Palmer's unspecified claims did not entitle him to remain in possession and that the decision to terminate the tenancy and issue the Warrant of Possession was appropriate. The court found that Palmer's lack of legal representation did not result in a denial of natural justice or inherent unfairness, as the application process was straightforward and Palmer had been given ample opportunity to present his case. The court also held that there was no merit in the appeal and that staying the Warrant of Possession would cause significant prejudice to Madrone. Accordingly, the court vacated the interim stay and re-issued the Warrant of Possession.
The court ordered that the application for leave to appeal was dismissed, the stay application was refused, and the Warrant of Possession was re-issued with specific conditions for execution. The Warrant of Possession was to remain in effect for 30 days and could only be executed between the hours of 8:00am and 6:00pm.
Orders
Orders of the court
THE APPLICATION FOR LEAVE TO APPEAL IS DISMISSED.
IT IS THE DECISION OF THE APPEAL TRIBUNAL THAT:
1. The application to stay a decision filed on 10 September 2024 is refused.
2. The interim order for a stay in paragraph 2 of the directions made on 16 October 2024 is vacated.
3. The Warrant of Possession made on 19 August 2024 is re-issued to take effect on the date of these reasons.
4. The Warrant of Possession shall remain in effect for 30 days to expire at 6:00pm from the date of these reasons.
5. The Warrant of Possession is to be executed as soon as reasonably practicable after taking effect.
6. Entry under the warrant shall only be between the hours of 8:00am and 6:00pm.
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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