Payne v Koukides (No 2)

[2019] QCATA 169

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Payne v Koukides (No 2) [2019] QCATA 169

PARTIES:

GRAYHAM ROSS PAYNE
(applicant/appellant)

v

TRUSTEE FOR VASSILIOUS KOUKIDES TRUST

(respondent)

APPLICATION NO/S:

APL289-19

ORIGINATING APPLICATION NO/S:

MCDT 1854/19

MATTER TYPE:

Appeals

DELIVERED ON:

16 December 2019

HEARING DATE:

13 December 2019

HEARD AT:

Brisbane

DECISION OF:

Member Olding

ORDERS:

1.   The applicant’s application to stay the decision of 11 September 2019 in Minor Civil Dispute MCDT 1854/19 is refused.

2.   The Warrant of Possession issued in accordance with the Tribunal’s order of 11 September 2019 is to be reinstated to take effect on 10 January 2020 and remain in effect for 14 days, to expire at 6:00 pm on 24 January 2020.

3.   Entry under the warrant shall only be between the hours of 8:00 am and 6:00 pm.

4.   Grayham Ross Payne must inform the Tribunal whether he wishes to proceed with the application for leave to appeal or appeal, by: 4:00 pm on 23 December 2019.

5.   If the applicant does not comply with direction 4 above, the application for leave to appeal or appeal may be dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where tenancy terminated and warrant of possession ordered to issue – whether stay should be granted until application for leave to appeal or appeal is determined – where applicant claimed to be in occupation pursuant to compromise of other proceedings – application refused

Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 58(1), 123
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 351

Arthur & Anor v Husheer & Anor; Gautron & Anor v Husheer & Anor [2019] QCATA 146
Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175
Hessey-Tenny & Anor v Jones [2018] QCATA 131
Sommers v Bycroft [2019] QCATA 130

APPEARANCES & REPRESENTATION:

Applicant:

No appearance

Respondent:

G Koukides

REASONS FOR DECISION

1. The applicant is in possession of two houses in Browning Street, South Brisbane, which are owned by the respondent trustees of the estate of the late Vassilious Koukides. While he resides at the house at number 58, the applicant also lets out some rooms in that house. He has also let the house at number 62 to tenants. He has not paid rent for approximately two years and has not complied with orders made in other Tribunal proceedings for payment of some tens of thousands of dollars in outstanding rent on each property.

2. The applicant asserts that he has been entitled to possession of both properties, rent-free, since the respondent consented to orders of the Supreme Court of Queensland in other proceedings in November 2017.

3. On 25 October 2019, a Tribunal adjudicator ordered that tenancy agreements for both properties be terminated and that warrants of possession issue. The applicant filed applications for leave to appeal or appeal and for stays of the adjudicator’s decisions. The applications for leave to appeal or appeal…